[CA/GK/Polity] Section 188 of IPC

The Epidemic Diseases Act, 1897 lays down punishment as per Section 188 of the Indian Penal Code, 1860, for flouting orders issued by various state governments to contain the spread of COVID-19.

In the past, the Act has been routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera. Its penal provisions are currently being invoked by states to contain the COVID-19 pandemic.

Section 188 relates to Disobedience to order duly promulgated by public servant.

Ø It says violators can be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

Ø 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 of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

What happens if we violate the lockdown orders?

Under Section 188, there two offences:

Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed

·       Punishment: Simple Imprisonment for 1 month or fine of Rs 200 or both if such disobedience causes danger to human life, health or safety, etc.

·       Punishment: Simple Imprisonment for 6 months or fine of Rs 1000 or both

According to the First Schedule of the Criminal Procedure Code (CrPC), 1973, both offences are cognizable, bailable, and can be tried by any magistrate.