Section 223 of the Bharatiya Nyaya Sanhita (BNS) explains the offense of disobeying orders lawfully promulgated by public servants. The provision has an important role in maintaining public order by ensuring compliance with directives issued by authorities. Understanding the nuances of the section is vital for both legal practitioners and the general public. Explore other important Judiciary Notes.

Section 223 of BNS

Disobedience to order duly promulgated by a 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Download 5 Key take aways on Section 223 BNS PDF

Section 223 penalizes individuals who knowingly disobey orders issued by authorized public servants. The section distinguishes between two scenarios based on the consequences of the disobedience :

• Minor Consequences: If the disobedience results in obstruction, annoyance, or injury to any person lawfully employed, the offender faces simple imprisonment up to six months, a fine up to ₹2,500, or both.
• Severe Consequences: If the disobedience poses a danger to human life, health, safety, or leads to a riot or affray, the punishment increases to imprisonment up to one year, a fine up to ₹5,000, or both.

Section 223 of BNS : Essential Elements

To establish an offense under Section 223 the prosecution must prove :

• Existence of a Lawful Order : An order must have been promulgated by a public servant authorized to do so.
• Knowledge of the Order: The accused must be aware of the order and its directives.
• Disobedience: The accused must have willfully disobeyed the order.
• Resultant Consequences: The disobedience must have led to obstruction, annoyance, injury, danger to life, health, safety or caused/tended to cause a riot or affray.

Section 223 is made to uphold the authority of public servants and for public order. It applies to orders that require individuals to either abstain from certain acts or take specific actions regarding property under their control. The section does not necessitate that the offender intended to cause harm; it suffices that the individual was aware of the order and that their disobedience resulted in or was likely to result in harm.

Comparison with IPC Section 188

Section 223 of the BNS corresponds to Section 188 of the Indian Penal Code (IPC). While both sections address disobedience to orders promulgated by public servants there are notable differences :

Section 223 of BNS : Judicial Interpretation

Courts have consistently emphasized that for an offense under this section, the order must be lawful, properly promulgated and the accused must have had knowledge of it. The disobedience must be intentional, and the resultant consequences are critical in determining the severity of the punishment.

Section 223 of BNS : Landmark Cases

• Kurella Chandra Sekhar vs. State of Andhra Pradesh (2008): The Supreme Court held that mere disobedience without any consequence as mentioned in the section does not constitute an offense under Section 188 IPC.
• ​J. R. Parashar vs. Prashant Bhushan (2001): The Delhi High Court emphasized that the promulgation of the order must be in a manner that it is reasonably expected to be known to the public.

Section 223 of BNS : Impact

Section 223 serves as a deterrent against non-compliance with lawful orders, thereby ensuring that public servants can perform their duties effectively. By stipulating clear consequences for disobedience, it upholds the rule of law and maintains public order.

Conclusion

Understanding Section 223 of the Bharatiya Nyaya Sanhita (BNS) is essential for recognizing the legal obligations of individuals to adhere to orders issued by public servants. Compliance with such orders not only ensures the smooth functioning of administrative processes but also safeguards public interest and safety.