IPC §188 → BNS §223
Disobedience to order duly promulgated by public servant
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Comparison
188. 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, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if 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 six months, or with fine which may extend to one 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.
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.
What changedAI-inferred
IPC 188 (disobedience to order duly promulgated by competent public servant) is preserved as BNS 223 with the most aggressive punishment hardening in this chapter: (1) sub-clause (a) imprisonment ceiling 1 month → 6 months (6x); (2) sub-clause (b) imprisonment ceiling 6 months → 1 year (2x); (3) sub-clause (a) fine cap ₹200 → ₹2,500; (4) sub-clause (b) fine cap ₹1,000 → ₹5,000. Actus reus, two-tier structure (obstruction-annoyance-injury vs danger-to-life-health-safety), Explanation (no harm-intent required), and religious-procession illustration preserved.
Old position
IPC 188 is concerned with Disobedience to order duly promulgated by public servant. Disobedience to order duly promulgated by public servant
New position
BNS 223 modifies the framework. Topic: 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
IPC 188 (disobedience to order duly promulgated by competent public servant) is preserved as BNS 223 with the most aggressive punishment hardening in this chapter: (1) sub-clause (a) imprisonment ceiling 1 month → 6 months (6x); (2) sub-clause (b) imprisonment ceiling 6 months → 1 year (2x); (3)...
Editorial deltaAI-indicated (source-linked)
BNS-223 reproduces the operative content of IPC-188 on disobedience to order promulgated by public servant but reorganises the punishment-or-condition layer into structured (a)/(b) sub-clauses. Punishment levels are preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 188 continues to apply. For matters from that date forward, BNS 223 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 223 (Disobedience to order duly promulgated by public servant). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §188 → BNS §223 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/ipc/188.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.