Bharatiya Nyaya Sanhita, 2023
BNS Section 223
Disobedience to order duly promulgated by public servant
In one line
BNS Section 223 deals with disobedience to order duly promulgated by public servant and replaces IPC 188.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 223(a) | Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. | Simple imprisonment for 6 months, or fine of 2,500 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 223(b) | If such disobedience causes danger to human life, health or safety, or causes or tends to cause a riot or affray. | Imprisonment for 1 year, or fine of 5,000 rupees, or both. | Cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 223
223. 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,— (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. 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.
What changed from the IPC
- IPC 188 → BNS 223: The section is reorganised in the form of clauses (a) and (b).
- IPC 188 → BNS 223: In clause (a), the upper limit of imprisonment is increased from one month to six months, and the fine is increased from two hundred to two thousand and five hundred rupees.
- IPC 188 → BNS 223: In clause (b), the limit of imprisonment is increased from six months to one year, and the fine from one thousand rupees to five thousand rupees.
Frequently asked
What was BNS Section 223 in the IPC?
BNS Section 223 (Disobedience to order duly promulgated by public servant) replaces Section 188 of the Indian Penal Code, 1860. IPC 188 is now BNS 223.
What is the punishment under BNS 223(a)?
Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 223(b)?
If such disobedience causes danger to human life, health or safety, or causes or tends to cause a riot or affray – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 223 bailable?
Bailable: BNS 223(a), 223(b). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 218 — Resistance to taking of property by lawful authority of a public servant
- BNS 219 — Obstructing sale of property offered for sale by authority of public servant
- BNS 220 — Illegal purchase or bid for property offered for sale by authority of public servant
- BNS 221 — Obstructing public servant in discharge of public functions
- BNS 222 — Omission to assist public servant when bound by law to give assistance
- BNS 224 — Threat of injury to public servant
- BNS 225 — Threat of injury to induce person to refrain from applying for protection to public servant
- BNS 226 — Attempt to commit suicide to compel or restrain exercise of lawful power
- BNS 227 — Giving false evidence
- BNS 228 — Fabricating false evidence
