Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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, shall be punished as follows:
- (a) if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, shall 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) 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.
Brief Detail
BNS Section 223 addresses the legal consequences of disobeying orders issued by public servants who have the authority to enforce such orders. This section emphasizes that knowledge of the order and its disobedience are sufficient for liability, regardless of the offender's intent.
Question & Answers
Q1: What does BNS Section 223 penalize?
A1: BNS Section 223 penalizes the disobedience of lawful orders issued by public servants, especially when such disobedience can cause harm or risk to others.
Q2: What are the penalties for disobeying an order under this section?
A2: Penalties include simple imprisonment for up to six months or a fine of up to two thousand and five hundred rupees for causing annoyance or obstruction, and up to one year of imprisonment or a fine of up to five thousand rupees for causing danger to life, health, or safety.
Q3: Can you provide an example of this offense?
A3: Yes, for instance, if a public servant prohibits a gathering in a public space to maintain order, and someone chooses to proceed with the gathering, they may be guilty of disobeying the order, especially if it leads to a riot.
Example
Example Scenario:
If a public servant directs that a specific road be closed for maintenance, and an individual deliberately uses that road, knowing it is closed, and this causes an accident, the individual has committed an offense under Section 223.
Summary
BNS Section 223 establishes penalties for disobeying orders from public servants that can lead to obstruction or danger. Liability arises from knowledge of the order, and harm does not need to be intentional.
