INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
188. Disobedience to order duly promulgated by public servant
223. Disobedience to order duly promulgated by public servant.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
188. Disobedience to order duly promulgated by public servant.--
Whoever, knowing that, by an order promulgated by a public servant
lawfully empowered to promulgate such order, he is directed to abstain
from a certain act, or to take certain order with certain property in
his possession or under his management. disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction,
annoyance or injury, or risk of obstruction, annoyance or injury, to
any persons lawfully employed, be punished with simple imprisonment
for a term which may extend to one month or with fine which may extend
to two hundred rupees, or with both:
and if such disobedience causes or tends to cause danger to human
life, health or safety, or causes or tends to cause a riot or affray,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
Explanation.-It is not necessary that the offender should intend
to produce harm, or contemplate his disobedience as likely to produce
harm. It is sufficient that he knows of the order which he disobeys,
and that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to
promulgated such order, directing that a religious procession shall
not pass down a certain street. A knowingly disobeys the order, and
thereby causes danger of riot. A has committed the offence defined in
this section.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
223. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to
abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,—
(a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk
of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to two
thousand and five hundred rupees, or with both;
(b) and where such disobedience causes or tends to cause danger to human life, health or safety,
or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to five thousand rupees, or
with both.
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.
Illustration.
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing
that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and
thereby causes danger of riot. A has committed the offence defined in this section.
Current law India Code — BNS 2023