IPC 188 vs BNS 188
● Retained in BNSDisobedience to order duly promulgated by public servant
Section 188 of the Indian Penal Code, 1860, deals with the offence of disobedience to any lawfully issued order by a public servant. This provision ensures that directives meant to protect public safety, health, or order are followed.
Key points of IPC 188:
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Applies when a person intentionally disobeys any order issued by a public servant under the law.
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Covers orders related to public safety, maintenance of law, or preventive measures.
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Punishment: imprisonment up to 1 month, or fine up to 200 rupees, or both; punishment may increase if disobedience causes danger to human life, health, or safety.
For example, refusing to evacuate an area during a flood or ignoring quarantine orders during an epidemic falls under IPC 188.
This section safeguards public safety and law enforcement, ensuring that citizens comply with lawful instructions issued for collective welfare.
Disobedience to order duly promulgated by public servant
Section 188 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 188. It penalizes persons disobeying lawful orders issued by public servants, reinforcing public safety, law, and order.
Key points of BNS 188:
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Covers disobedience to lawful directives by officials for public welfare or safety.
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Punishment: up to 1 month imprisonment, or fine, or both; increases if disobedience endangers human life or property.
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Ensures individuals cannot ignore or defy lawful commands issued for collective good.
For instance, ignoring traffic restrictions imposed during emergencies or not following health directives can be prosecuted under BNS 188.
This provision strengthens public compliance and administrative authority, preventing actions that endanger human life, health, or safety.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 188 to BNS BNS 188.