Section 188State of Jammu-Kashmir Act
Section 188: Disobedience to order duly promulgated by public servant
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 person lawfully employed, be punished [with imprisonment which may extend to one year and shall also be liable to fine] [Substituted by Act XII of 1980, section 6.].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 which shall not be less than three months but may extend to two years and shall also be liable to fine.] [Substituted by Act XII of 1980, section 6.]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.IllustrationAn 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.Previous
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