Indian Penal Code, 1860 · Chapter X: Of Contempts of the Lawful Authority of Public Servants
Section 188: Disobedience to order duly promulgated by public servant
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 person 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 188
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Devendra Kumar v. The State (Nct of Delhi) & Anr.
High Court affirmed the order passed by the CMM directing registration of the FIR against the petitioner for offences punishable u/ss.186 and 341, Penal Code, 1860. Whether the CMM erred in involving the police in a…
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Ashok Dhankad v. State of NCT of Delhi and Anr.
Issue arose as regards to the sustainability of the order passed by the High Court enlarging the accused on regular bail u/s.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Durga Prasad v. Govt. of NCT of Delhi & Ors.
Matter pertains to initiation of inquiry against the appellant (Inspector of Police at the time of riots) on account of dereliction of duty in controlling the 1984 riots. Whether, in the facts of the case, the High…
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Afjal Ansari v. State of UP
What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction…
- Mohammed Zubair v. State of NCT of Delhi & Ors
- Laxman Prasad Pandey v. The State of Uttar Pradesh & Anr.
- State of Gujarat & Anr. v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani
- Reepak Kansal v. Union of India and Others
- Vinod Dua v. Union of India & Ors.
- Gautam Navlakha v. National Investigation Agency
- Amish Devgan v. Union of India and Others
- M/S Bandekar Brothers Pvt. Ltd. & Anr v. Prasad Vassudev Keni, Etc. Etc
- Arnab Ranjan Goswami v. Union of India and Ors.
- M. C. Mehta v. Union of India & Ors.
- G H Century Rayon Limited v. Ivp Limited and Others
- The State of Arunachal Pradesh v. Ramchandra Rabidas @ Ratan Rabidas & Anr.
- The State of Uttar Pradesh v. Aman Mittal & Anr.
- State of Meghalaya v. All Dimasa Students Union, Dima-Hasao District Committee & Ors.
- Mazdoor Kisan Shakti Sangathan v. The Union of India & Anr.
- Vishnu Chandru Gaonkar v. N.M. Dessai
- Rohit Tandon v. The Enforcement Directorate
- The Power Grid Corporation of India Limited v. Century Textiles & Industries Limited & Ors.
- M/S. v. L. S. Finance Ltd. v. S. P. Gupta and Anr.
- Adambhai Sulemanbhai Ajmeri & Ors. v. State of Gujarat
- Ashrafkhan @ Babu Munnekhan Pathan v. State of Gujarat
- In Re: Ramlila Maidan Incident Dt.4/5.06.2011 v. Home Secretary, Union of India & Ors.
- The Institute of Chartered Accountants of India v. Vimal Kumar Surana and Another
- C. Muniappan & Ors. v. State of Tamil Nadu
- Mahesh Chand Sharma v. State of U.P. & Ors.
- Babulal Badriprasad Varma v. Surat Municipal Corporation & Ors.
- State of Maharashtra v. Tulshiram Bhanudas Kamble and Ors.
- The Kerala State Electricity Board v. Livisha Etc. Etc.
- Iqbal Singh Marwah v. Meenakshi Etc.
- Mehboob Dawood Shaikh v. State of Maharashtra
- Manoharlal v. Vinesh Anand and Ors.
- Kishori v. State (Nct) of Delhi
- State of U.P. v. Mata Bhikh and Ors.