223 BNS : Disobedience to order duly promulgated by public servant.

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Introduction of BNS Section 223

223 BNS punishes disobedience of lawful orders issued by a public servant. These orders are often meant to maintain law, order, and public safety. If a person, despite knowing about such an order, chooses to ignore or violate it, they can face legal consequences. Depending on whether the disobedience causes minor annoyance or serious danger to life and safety, the punishment ranges from fines to imprisonment. This section highlights the importance of respecting lawful authority and ensures smooth functioning of government actions in the interest of society.

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The Bharatiya Nyaya Sanhita (BNS) Section 223 replaces the old Indian Penal Code (IPC) Section 188.

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What is BNS Section 223 ?

Section 223 of the Bharatiya Nyaya Sanhita (BNS) refers to the offense of disobedience to orders issued by a public servant. It punishes those who knowingly disobey lawful orders. The section aims to ensure that public safety and order are maintained by penalizing individuals who ignore directives that help prevent harm or danger.

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BNS 223 in Simple Points

1. Disobedience of a Lawful Order

• BNS Section 223 applies when a person knowingly disobeys an order that has been lawfully given by a public servant. The order must be given by someone who is empowered by law to issue such directions. It could be an order to stop doing something or to manage a property under someone’s control.
• Example: A public servant issues an order to stop a religious procession from passing through a certain street to prevent conflicts. If a person, knowing about this order, ignores it, they are liable under Section 223.

2. Consequences of Disobedience: Obstruction or Annoyance

• If the disobedience results in obstruction, annoyance, or minor harm to others, particularly to those lawfully performing their duties, the offender can face punishment. The section focuses on protecting people from disturbances caused by the disregard of lawful orders.
• Example: Disobeying a traffic regulation ordered by a public servant, which causes a traffic jam and annoyance to commuters.

3. Punishment for Minor Violations

• For cases where the disobedience only causes minor issues like obstruction or annoyance, the offender can be punished with simple imprisonment up to 6 months, a fine up to ₹2,500, or both. This provides a balanced approach for minor offences, where the harm is not severe, but disobedience is still punished.
• Example: Ignoring an order to control noise levels in a neighborhood, causing inconvenience but no direct harm to anyone’s safety.

4. Serious Disobedience: Risk to Life or Public Safety

• When the disobedience poses a danger to human life, health, or public safety, or causes public disturbances such as riots or affrays, the punishment becomes more severe. The law allows for imprisonment up to 1 year, a fine up to ₹5,000, or both. This ensures stricter consequences for actions that endanger the public.
• Example: Disobeying an order meant to prevent the spread of a contagious disease, resulting in a public health crisis.

5. Legal Nature: Cognizable and Bailable

• Offences under BNS Section 223 are both cognizable and bailable. A cognizable offence means the police have the authority to arrest the offender without a warrant. However, because the offence is bailable, the accused can secure bail either from the police or court, ensuring they can be released while awaiting trial.
• The trial for such offences can be conducted by any magistrate.

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Under Section 223 of the bns act 2023

“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, on conviction, be punished—
(a) if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of it, to any person lawfully employed, with simple imprisonment up to six months, or fine up to ₹2,500, or both;
(b) 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, with imprisonment up to one year, or fine up to ₹5,000, or both.”

1. Meaning of “Disobedience to Order”

• This means refusing to follow a lawful order issued by a public servant who has the authority to issue such directions.
• The order may direct someone not to do something (example: stop a procession) or to do something (example: manage property in a certain way).
• Disobedience is punishable even if no actual harm happens, as long as the act could potentially cause obstruction, annoyance, injury, or risk.

2. Who is Covered?

This section applies to:

• Individuals who knowingly ignore lawful orders.
• Property owners/managers who disobey directions related to property.
• Groups or organizations that continue prohibited activities despite orders.

3. Nature of the Offence

• Cognizable → Police can arrest without a warrant.
• Bailable → Accused has the right to bail.
• Non-compoundable → Cannot be settled privately, must go to court.
• Triable by any Magistrate → Case is handled in a local Magistrate’s court.

4. Examples of BNS Section 223

• Example 1 – Minor Disobedience
  A district officer orders that no vehicles should enter a particular street during a festival for crowd safety. A shopkeeper ignores this order and drives his vehicle into the street, causing obstruction and annoyance. This is punishable under clause (a).
• Example 2 – Serious Disobedience
  During a pandemic, a health officer orders home quarantine for a group of people exposed to infection. One person knowingly breaks the order and attends a gathering, risking the spread of disease. This is punishable under clause (b).
• Example 3 – Riot Situation
  Police prohibit a rally in a sensitive area to prevent riots. The organizers still go ahead with the rally, and violence breaks out. This falls under clause (b) of Section 223.

5. Punishment under BNS Section 223

• Clause (a) → Simple imprisonment up to 6 months or fine up to ₹2,500, or both.
• Clause (b) → Imprisonment up to 1 year or fine up to ₹5,000, or both.

6. Importance of BNS Section 223

• Protects public order by ensuring lawful directions are respected.
• Prevents risks to life and health, especially in emergencies.
• Strengthens government authority, ensuring smooth enforcement of laws.
• Discourages riots and disturbances by punishing those who disobey prohibitory orders.

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BNS 223 Punishment

1. Imprisonment
   • For minor cases: Simple imprisonment up to six months.
   • For serious cases: Imprisonment up to one year.
2. Fine
   • For minor cases: Fine up to ₹2,500.
   • For serious cases: Fine up to ₹5,000.

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BNS 223 bailable or not ?

Yes, the offense under Section 223 is bailable, which means the accused person has the right to apply for bail and get released while awaiting trial.

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Comparison Table: BNS Section 223 vs IPC Section 188

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BNS Section 223 FAQs

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Conclusion

BNS Section 223 highlights that disobedience of lawful orders given by public servants is not a trivial matter but a punishable offence. The law makes a clear distinction between minor violations and serious disobedience that endangers life or public safety. By updating IPC Section 188 with stricter penalties, BNS 223 ensures greater accountability and discourages people from ignoring lawful directives. It plays a vital role in maintaining law, order, and public welfare by reinforcing respect for authority and compliance with official orders.

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