Section 223 of the Bharatiya Nyaya Sanhita (BNS) addresses the disobedience to orders promulgated by public servants. This provision is crucial for maintaining public order and compliance with lawful directives issued by authorized officials.
Key Provisions
- Definition of Disobedience:
- The section stipulates that any individual who knowingly disobeys an order from a public servant, which they are legally required to follow, is committing an offense. The law does not require the offender to intend harm; mere knowledge of the order and refusal to comply suffices for liability.
- Types of Orders:
- Orders under this section can encompass a wide range of directives, including those related to public safety, health regulations, and traffic management. Examples include ignoring traffic signals or failing to evacuate during emergencies.
Legal Consequences
The penalties for violating Section 223 are categorized based on the severity of the disobedience:
- Clause (a): If disobedience causes or risks causing obstruction, annoyance, or injury to individuals lawfully employed:
- Punishment: Simple imprisonment for up to 6 months or a fine up to ₹2,500, or both.
- Clause (b): If disobedience poses danger to human life, health, or safety, or leads to a riot:
- Punishment: Imprisonment for up to 1 year or a fine up to ₹5,000, or both.
Classification of Offenses
- Cognizable: Offenses under this section are cognizable, meaning police can arrest without a warrant.
- Bailable: The offenses are bailable; individuals arrested can secure bail.
- Non-compoundable: Such offenses cannot be settled out of court5.
Importance of Compliance
The enforcement of Section 223 is vital for ensuring that public directives are followed, thereby maintaining order and safety in society. Non-compliance can lead not only to legal repercussions but also disrupt public peace and safety.
In summary, Section 223 of the BNS serves as a critical legal framework aimed at ensuring adherence to lawful orders issued by public servants, thereby promoting accountability and public safety in governance.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
