CrPC Section 188

Certainly! Here's an overview of Section 188 of the Code of Criminal Procedure (CrPC), 1973 (India):

⚖️ Section 188 – Disobedience to order duly promulgated by public servant

Legal Provision:

If a person disobeys any order issued by a public servant, which they are legally bound to obey, and the disobedience causes or tends to cause obstruction, annoyance, or injury, or risk of danger to human life, health, or safety,

That person commits an offence punishable under Section 188.

Key Points:

Orders must be lawfully promulgated by a public servant.

The offence is about disobedience that leads to disturbance or danger.

Common examples include:

Violating curfew orders,

Ignoring traffic signals,

Not complying with health or safety regulations during emergencies.

Punishment:

If the disobedience causes danger to human life, health, or safety:

Imprisonment up to 6 months, or

Fine up to 1000 INR, or

Both.

If no such danger is caused:

Imprisonment up to 1 month, or

Fine up to 200 INR, or

Both.

Example:

During a pandemic, if a government imposes a curfew or lockdown order and a person disobeys it, causing risk to public health, they can be prosecuted under Section 188.

 

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