BNS 223 — Disobedience to order duly promulgated by public servant.

Bharatiya Nyaya Sanhita, 2023

Statutory text

223. 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.
Threat of injury to public servant.

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