Important Blogs

Section 186, 188, 269 and 353 of Indian Panel Code 1860

Being an advocate, I advise always, never argue with any police officer during his duty, answer him diplomatically always, and a police officer always remains in duty if he is in uniform.

A few days back a couple were arguing with officer and they have been prosecuted under section 186, 188, 269, 354 and 34 of Indian Panel Code 1860   

Let's discuss in details these sections

Section 186, According to this section a person who obstructs a public servant in discharge of his public function. As per schedule 1, this offence is Non-cognizable, bailable by any magistrate, punishment for this offence is imprisonment of 3 months or fine or both.

Explanation - if any public servant is performing his duty, and during his duty, anyone obstructs to perform his duty he shall be punishable under this section. Here obstructs means “direct Violent Act” “Violence Demonstration”.

Section 188, According to this section a person who disobeying to an order lawfully promulgated   

By a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed shall be punishable under this section. As per schedule 1 this section is cognizable, bailable by any magistrate and punishment for this offence is simple imprisonment of 1 month or fine of 500 or both. But his disobedience causes danger to human life, health or safety then the punishment of imprisonment shall be for 6 months or a fine of 1000 or both.

Explanation: if a public servant has power to law and order and he has promulgated any order lawfully. Promulgated means publicly published.

For example, a district magistrate has the power to law and order and he orders to promulgate section 144 if any disobey his order shall be punishable under section 188.

Section 269, according to section a person doing any act to spread the infection of any disease whether negligently or unlawfully and he knows or has reason to believe that his act can spread the infection, for such offence he shall be punishable under section 269 whose punishment is imprisonment of 6 months or fine or both. This offence is cognizable, and bailable by any magistrate.

Explanation:  This section punishes any person who does an act that spreads infectious disease in society, such as cholera, plague, Sheetla and Covid 19 such type infectious disease, to  prosecute this offence,  it is necessary that the accused must know that his act spreads infectious disease.

Section 353, according to this section a person who assaults or uses criminal force to deter a public servant from discharge of his duty, he shall be punishable under this section whose punishment is imprisonment of 2 years or fine or both. As per schedule 1, this offence is cognizable, non-bailable and triable by any magistrate.

Explanation:  This section punishes any person who deters a public servant from performing public duty by assaulting or using criminal force.

For example, A police officer visits a village to arrest an accused but another man obstructs the police officer by using criminal force so that the accused can fly away. Here another man does an offence of  353.

 


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