Section 188 IPC: Disobedience to order duly promulgated by public servant
Indian Penal Code, 1860
Section 188 IPC at a Glance
Section 188 IPC deals with disobedience to order duly promulgated by public servant. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 223 BNS.
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.
Section 188 IPC Bare Act Text
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.
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 188, Indian Penal Code, 1860
Section 188 IPC in Simple Words
Section 188 of the Indian Penal Code (IPC) punishes disobeying an order promulgated by a public servant who is lawfully empowered to promulgate it, by a person who knows of the order. Where the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, the offender is liable to simple imprisonment for up to one month, or fine of up to two hundred rupees, or both.
Where it causes or tends to cause danger to human life, health or safety, or a riot or affray, the offender is liable to imprisonment of either description for up to six months, or fine of up to one thousand rupees, or both. The offender need not intend or expect any harm.
It is enough that the offender knows of the order and that the disobedience produces, or is likely to produce, harm. The offence is cognizable and bailable, and it is triable by any Magistrate.
Ingredients of Section 188 IPC
- 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
Punishment Under Section 188 IPC
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.
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.
Disobeying a lawfully promulgated order carries simple imprisonment for up to one month, or fine of up to two hundred rupees, or both. Where danger to life, health or safety or a riot or affray results, the offender is liable to imprisonment of either description for up to six months, or fine of up to one thousand rupees, or both.
Example of Section 188 IPC
When Section 188 IPC Does Not Apply
- Section 188 IPC does not apply when the public servant who issued the order was not lawfully empowered to promulgate it.
- Section 188 IPC does not apply when the accused had no knowledge of the promulgated order.
- Section 188 IPC does not apply when the order neither directs a person to abstain from a certain act nor requires taking certain order with property in his possession or under his management.
- Section 188 IPC does not apply when the disobedience neither causes nor tends to cause any obstruction, annoyance, injury, or risk thereof to a lawfully employed person, nor any danger to human life, health, or safety, nor a riot or affray.
Section 188 IPC in the BNS
Section 188 IPC is now covered under Section 223 BNS.
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 detailed comparison (IPC 188 vs BNS 223) →FAQs on Section 188 IPC
What does Section 188 IPC provide?▼
It punishes a person who knows of an order promulgated by a public servant lawfully empowered to promulgate it, and who disobeys the direction in it to abstain from a certain act or to take certain order with property in his possession or under his management, where the disobedience causes or tends to cause harm of the kinds the section names.
What is the punishment under Section 188 IPC?▼
Where the disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to a person lawfully employed, simple imprisonment for up to one month, or fine of up to two hundred rupees, or both. Where it causes or tends to cause danger to human life, health or safety, or a riot or affray, imprisonment of either description for up to six months, or fine of up to one thousand rupees, or both.
Must the offender intend to cause harm under Section 188 IPC?▼
No. The Explanation says it is not necessary that the offender should intend to produce harm, or contemplate that the disobedience is likely to produce harm. It is sufficient that the offender knows of the order which is disobeyed, and that the disobedience produces, or is likely to produce, harm.
What must be shown to prove an offence under Section 188 IPC?▼
That a public servant lawfully empowered to do so promulgated the order, that the accused knew of it, that the accused disobeyed its direction, and that the disobedience caused or tended to cause the obstruction, annoyance, injury, danger, riot or affray the section names.
Is an offence under Section 188 IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 188 IPC?▼
Any Magistrate.
Can an offence under Section 188 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 188 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 223 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·