Section 188 IPC has been in news recently as many states across the country are invoking it to control the movement of people due to the outbreak of COVID-19.
What Actually is section 188 IPC ?
Whoever, knowing that an order has been promulgated by a public servant and under which he is directed to abstain for doing a certain kind of act and he still disobeys those orders then then the person disobeying the order is charged under section 188 of Indian Penal Code.
Under Section 188 IPC the person can be punished for two offences-
- First – If the disobedience to an order enforced by a public servant causes Obstruction, Annoyance or injury to any person employed lawfully.
Punishment for such an act consists of simple imprisonment for one month or fine or both.
- Second- If the disobedience to an order enforced by a public servant causes danger to human life, health or safety etc
Punishment for such an act consists of imprisonment for six months or fine or both.
Relation Between Section 188 IPC And Epidemic Diseases Act 1897
Epidemic Diseases Act 1897 was enacted by the british government in order to contain the outbreak of epidemic diseases such as Plague.
Under section 3 of the Epidemic Diseases Act 1897 it clearly states the penalties for disobeying any regulation or any order made by law.
The penalties for disobeying the order or regulation are given according to section 188 of Indian Penal Code provide under the IPC chapter X ‘ Of Contempt of the lawful authority of public servants’.