Section 223 BNS: Disobedience to order duly promulgated by public servant
Bharatiya Nyaya Sanhita, 2023
Section 223 BNS at a Glance
Section 223 BNS deals with disobedience to order duly promulgated by public servant. It is bailable and cognizable, triable by any Magistrate; it replaced Section 188 IPC on 1 July 2024.
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.
Section 223 BNS Bare Act Text
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.
ExplanationIt 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.
IllustrationAn 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.
Source: Section 223, Bharatiya Nyaya Sanhita, 2023
Section 223 BNS in Simple Words
Section 223 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with disobeying an order lawfully promulgated by a public servant empowered to issue it. It applies when a person knows of an order directing him to abstain from a certain act, or to take certain order with property in his possession or under his management, and disobeys that direction.
The Explanation clarifies that the offender need not intend to produce harm or foresee harm as likely; it is enough that he knows of the order he disobeys and that his disobedience produces, or is likely to produce, harm. Under clause (a), if the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to any person lawfully employed, the punishment is simple imprisonment for up to six months, or fine up to two thousand five hundred rupees, or both. Under clause (b), if it causes or tends to cause danger to human life, health or safety, or a riot or affray, the punishment is imprisonment of either description for up to one year, or fine up to five thousand rupees, or both.
Ingredients of Section 223 BNS
- 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
Punishment Under Section 223 BNS
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 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.
Disobeying a lawfully promulgated order carries simple imprisonment for up to six months, or fine of up to two thousand five hundred rupees, or both under clause (a). Where danger to human life, health or safety or a riot or affray is caused or tended to be caused under clause (b), the offender is liable to imprisonment of either description for up to one year, or fine of up to five thousand rupees, or both.
Example of Section 223 BNS
When Section 223 BNS Does Not Apply
- The order was not promulgated by a public servant lawfully empowered to promulgate it
- The accused did not know of the order
- The order did not direct the accused to abstain from an act or to take certain order with property in his possession or under his management
- The direction was not disobeyed
- The disobedience neither caused nor tended to cause obstruction, annoyance, injury, danger to human life, health or safety, riot or affray
Section 223 BNS in the IPC (Previous Law)
Section 223 BNS replaces Section 188 IPC from the old criminal code.
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.
View IPC Section 188 →FAQs on Section 223 BNS
What does Section 223 of the Bharatiya Nyaya Sanhita cover?▼
Section 223 BNS covers disobeying an order that has been lawfully promulgated by a public servant who has the power to issue it. It applies when a person knows about the order and still disobeys a direction either to avoid a certain act or to deal with certain property in a particular way. The disobedience must cause, or tend to cause, obstruction, annoyance, injury, danger to human life, health or safety, or a riot or affray.
What must be proved for an offence under Section 223 BNS?▼
It must be shown that there was an order lawfully promulgated by a competent public servant, that the person knew of that order, and that the person disobeyed it. It is not necessary to prove that the person intended to cause harm. It is enough if the person knew of the order and the disobedience produced, or was likely to produce, the harm mentioned in the section.
Is Section 223 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for disobeying a public servant's order under Section 223 BNS?▼
If the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to persons lawfully employed, the punishment may extend to simple imprisonment for six months, or fine up to two thousand five hundred rupees, or both. If it causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, the punishment may extend to imprisonment of either description for one year, or fine up to five thousand rupees, or both.
What should I do if I am accused under Section 223 BNS or want to complain about a violation?▼
If you are accused, check whether the order was actually promulgated by a public servant lawfully empowered to issue it, whether you knew about it, and what harm is being alleged. If you want to complain, keep a copy of the order if available and collect material showing the disobedience and the obstruction, injury, danger, riot or affray caused or likely to be caused. A lawyer can help you assess whether the facts fit Section 223 BNS.
Have questions about Section 223 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·