IPC 188 to BNS 223: Disobedience to order duly promulgated by public servant

Section 188 IPC (1860) replaced by Section 223 BNS (2023)

View IPC Section 188 →View BNS Section 223 →

IPC 188 to BNS 223 at a Glance

Section 188 IPC (Disobedience to order duly promulgated by public servant) is now Section 223 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 188 to BNS 223?

Section 188 IPC is now Section 223 BNS, with the same title and the same offence. The Explanation and the Illustration are unchanged. The BNS sets out the two punishments as clauses a and b, and raises both. The simple imprisonment in the first clause rises from one month to six months and the fine from two hundred rupees to two thousand five hundred rupees. The imprisonment in the second clause rises from six months to one year and the fine from one thousand rupees to five thousand rupees.

IPC 188 vs BNS 223: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	188	223
Offence	Disobedience to order duly promulgated by public servant	Same
Punishment	Simple imprisonment for up to one month where the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to a person lawfully employed. Imprisonment of either description for up to six months where it causes or tends to cause danger to human life, health or safety, or a riot or affray.	Simple imprisonment for up to six months under clause (a) where the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to a person lawfully employed. Imprisonment of either description for up to one year under clause (b) where it causes or tends to cause danger to human life, health or safety, or a riot or affray.
Fine	Fine of up to two hundred rupees for the first limb and up to one thousand rupees for the second limb. Either may be imposed alone or with imprisonment.	Fine of up to two thousand five hundred rupees under clause (a) and up to five thousand rupees under clause (b). Either may be imposed alone or with imprisonment.
Bail	Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Any Magistrate	Same

IPC 188 and BNS 223: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 188, IPC 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 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. 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.

BNS 2023 (in force)

Section 223, BNS 2023

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.

Ingredients: IPC 188 vs BNS 223

Under IPC 188

A public servant lawfully empowered to promulgate the order promulgated it
The order directed the accused to abstain from a certain act, or to take certain order with certain property in his possession or under his management
The accused knew of the order
The accused disobeyed the direction
The disobedience caused or tended to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to a person lawfully employed, or danger to human life, health or safety, or a riot or affray

Under BNS 223

An order promulgated by a public servant lawfully empowered to promulgate it
Knowledge of that order
Disobedience of the direction to abstain from an act or to take certain order with property
Obstruction, annoyance or injury, or danger to human life, health or safety, or a riot or affray, caused or likely to be caused

What IPC 188 to BNS 223 Means for Pending Cases

For Section 188 IPC (now Section 223 BNS): the offence is unchanged but the punishment is higher, so a charge for an act done after the BNS came into force cites Section 223 BNS and carries up to six months or one year of imprisonment, with fine of up to two thousand five hundred rupees or five thousand rupees, according to the consequence of the disobedience.

FAQs: IPC 188 to BNS 223

What changed when Section 188 IPC became Section 223 BNS?▼

The punishment is higher. The words of the offence, the Explanation and the Illustration are the same. Section 223 BNS raises the simple imprisonment in the first clause from one month to six months and the fine from two hundred rupees to two thousand five hundred rupees. It raises the imprisonment in the second clause from six months to one year and the fine from one thousand rupees to five thousand rupees.

Where does Section 188 IPC sit in the BNS?▼

In Section 223 BNS, in Chapter XIII, Of Contempts of the Lawful Authority of Public Servants.

Does Section 188 IPC or Section 223 BNS apply to an act done before 1 July 2024?▼

Section 188 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 188 IPC. Section 223 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·