BNS Section 223 – Disobedience to order duly promulgated by public servant
The Indian Penal Code (IPC) Section -188
Understanding BNS-223: Disobedience to Order Duly Promulgated by Public Servant
Disobeying a lawful order issued by a public servant can lead to serious consequences, especially if it causes harm or disruption. BNS-223 is a legal provision that penalizes individuals who knowingly disobey such orders. Let’s break this down in simple terms.
What is BNS-223?
BNS-223 is a law that punishes individuals who knowingly disobey a lawful order issued by a public servant. This ensures that public orders are respected and followed to maintain public safety and order.
Key Elements of BNS-223
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| Lawful Order | The order must be lawfully issued by a public servant with the authority to do so. |
| Disobedience | The person must knowingly disobey the order. |
| Harm or Risk | The disobedience must cause or risk causing obstruction, annoyance, injury, danger to human life, health, safety, or a riot/affray. |
Types of Offenses and Punishments
BNS-223 covers two scenarios with different penalties:
Clause (a): General Offenses
| Punishment | Details |
|---|---|
| Imprisonment | Up to 6 months. |
| Fine | Up to ₹2,500. |
| Both | The court may order both imprisonment and a fine. |
Clause (b): Specific Offenses (Danger to Life, Health, Safety, or Riot)
| Punishment | Details |
|---|---|
| Imprisonment | Up to 1 year. |
| Fine | Up to ₹5,000. |
| Both | The court may order both imprisonment and a fine. |
Legal Procedure for BNS-223
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable (police can arrest without a warrant). |
| Bailable or Non-bailable | Bailable (the accused can seek bail). |
| Court Jurisdiction | The case is tried by any Magistrate. |
Why is BNS-223 Important?
This law is crucial for the following reasons:
- Ensures Compliance: It ensures that individuals respect and follow lawful orders issued by public servants.
- Maintains Public Order: It upholds public safety and order by penalizing disobedience that causes harm or disruption.
- Protects Public Interest: It safeguards the public from risks such as riots, affrays, or dangers to life and health.
Key Takeaways
- BNS-223 applies to individuals who knowingly disobey a lawful order issued by a public servant.
- The offense is divided into two scenarios: general disobedience and disobedience that causes danger to life, health, safety, or a riot/affray.
- Punishment varies:
- For general offenses: Up to 6 months imprisonment, ₹2,500 fine, or both.
- For specific offenses: Up to 1 year imprisonment, ₹5,000 fine, or both.
- The case is cognizable, bailable, and tried by any Magistrate.
Example Scenario
Let’s take an example to understand this better:
- Case (Clause a): A public servant issues an order prohibiting loud music after 10 PM to avoid disturbance. A person knowingly plays loud music after the deadline, causing annoyance to neighbors.
- Outcome: The person can face up to 6 months imprisonment, a ₹2,500 fine, or both.
- Case (Clause b): A public servant issues an order to avoid large gatherings in a sensitive area to prevent riots. A person knowingly organizes a large gathering, leading to a riot.
- Outcome: The person can face up to 1 year imprisonment, a ₹5,000 fine, or both.
Final Thoughts
BNS-223 is an important law that ensures public orders are respected and followed. If you ever come across someone intentionally disobeying a lawful order, remember that the law is there to address such misconduct.
For specific legal advice or assistance, consult a qualified lawyer.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a professional lawyer.
