NOTE - Sections of IPC being invoked:
Under
Section166.
Public servant disobeying law, with intent to cause injury to any person. Whoever,
being a public servant, knowingly disobeys any direction of the law as to the
way in which he is to conduct himself as such public servant, intending to
cause, or knowing it to be likely that he will, by such disobedience, cause
injury to any person, shall be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both.
Illustration:
A, being an
officer directed by law to take property in execution, in order to satisfy a decree
pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction
of law, with the knowledge that he is likely thereby to cause injury to Z. A has
committed the offence defined in this section.
Under
Section 187. Omission to assist public servant when bound by law to
give assistance. Whoever, being
bound by law to render or furnish assistance to any public servant in the execution
of his public duty, intentionally omits to give such assistance, shall 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 assistance be demanded of him by a public servant
legally competent to make such demand for the purposes of executing any process
lawfully issued by a Court of Justice, or of preventing the commission of an
offence, or of suppressing a not, or affray, or of apprehending a person
charged with or guilty of an offence, or of having escaped from lawful custody,
shall be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both.
Under Section 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 to tender 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 one month or with fine which may extend to two hundred rupees, or with both;and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a not 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, direction that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of not. A has committed the offence defined in this section.
Under Section 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 to tender 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 one month or with fine which may extend to two hundred rupees, or with both;and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a not 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, direction that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of not. A has committed the offence defined in this section.
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