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Introduction of BNS Section 223

BNS Section 223 deals with the punishment for disobeying a public order issued by a public servant. The section applies when a person, knowing they must follow an order given by a public servant, chooses to disobey it. This disobedience can cause harm, annoyance, or even create a risk of riots or danger to others.


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



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.


BNS 223 penalizes disobeying lawful orders from public officials.
BNS 223: Ensuring public safety through lawful order compliance.

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.
  • 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.

Section 223 BNS Overview

BNS Section 223 punishes people who disobey orders that have been officially given by public servants. The section differentiates between cases where the disobedience causes annoyance or harm to others and cases where it puts human life or safety at risk. The punishment varies based on the severity of the consequences of the disobedience.

BNS Section 223 in Simple Points

  1. Lawful Order
    A public servant lawfully issues an order, and the person who receives it is expected to follow it. Ignoring the order is considered an offense.
  2. Knowledge of the Order
    The person must be aware of the order. If they know about it and still disobey it, they can be punished under this section.
  3. Purpose of the Order
    The orders are given to prevent harm, injury, obstruction, or annoyance to other people. The aim is to protect public safety and ensure smooth functioning in society.
  4. Types of Disobedience
    Disobedience could include refusing to avoid certain actions or failing to manage a property as directed by the order.
  5. Obstruction or Annoyance
    If disobedience causes problems like obstruction or annoyance to lawful authorities or people, the person can be punished with imprisonment or a fine.
  6. Serious Disobedience
    If the disobedience leads to more serious consequences like danger to life, health, safety, or causes a riot, stricter punishment applies.
  7. No Need for Intent to Harm
    The law does not require that the person disobeying the order intends to harm anyone. It’s enough that they disobeyed the order and it resulted in harm or risk.
  8. Punishment for Minor Disobedience
    If the disobedience results in minor obstruction or annoyance, the punishment can be up to six months of simple imprisonment or a fine of ₹2,500, or both.
  9. Punishment for Serious Disobedience
    If the disobedience causes danger to life or safety, the person can face up to one year of imprisonment or a fine of ₹5,000, or both.
  10. Enforcement
    The offense is considered cognizable, meaning the police can arrest without a warrant. It is also bailable, meaning the person can secure release through bail.

Example 1:

A public servant issues an order prohibiting large gatherings in a certain area to prevent overcrowding during a festival. Despite knowing about this order, a person organizes a large crowd in that area. This disobedience causes obstruction and annoyance to the public. The person can be punished under Section 223 for violating the order.

Example 2:

During a health emergency, a public servant orders people to quarantine in their homes to stop the spread of a contagious disease. A person, knowing this order, disobeys it and goes out, risking the spread of the disease. This could cause danger to human life and public safety, making the person liable for a more severe punishment under Section 223.


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.
BNS 223 punishments vary by case severity, minor to serious
223 BNS Punishment : Imprisonment and fines for minor and serious cases

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.


Bharatiya Nyaya Sanhita Section 223

Section NumberOffensePunishmentCognizable or Non-CognizableBailable or NotTrial Court
223Disobedience to an order lawfully promulgated by a public servantUp to 6 months imprisonment or fine up to ₹2,500 for minor harm; Up to 1 year imprisonment or fine up to ₹5,000 for serious harmCognizableBailableAny Magistrate
Bharatiya Nyaya Sanhita Section 223

BNS Section 223 FAQs

What is BNS Section 223 about?

What is the maximum punishment under Section 223?

Is intent to harm necessary for punishment under Section 223?

No, it is not necessary. The person just needs to know about the order and disobey it, causing or risking harm.

Can a person get bail if charged under Section 223?

Who can try a case under BNS Section 223?

What if the disobedience only causes inconvenience or annoyance?


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