Sage-Tips

What is Section 188 of the Code of Criminal Procedure?

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

Can FIR be lodged under Section 188 IPC?

As the classification of offence under Section 188 of Indian Penal Code is Cognizable and bailable, it is mandatory on Police to file FIR and investigate the case accordingly.

What IPC 186?

According to section 186 of Indian penal code, Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Who is public servant under IPC?

The competent authority, every arbitrator and every officer empowered by the Central Government or the competent authority, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)..

How many sections of IPC are there in India?

Sections in IPC (576 total)

What is First Information Report in India?

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.

What are the features of first information report?

Essential Conditions of F.I.R. It must be a piece of information. It must be in writing. If given in writing, should be reduced into writing by the concerned police officer. The main act or crime should be cognizable in nature, not the ones subsequent to the main act.

Who is the recording the first information report?

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.

What does obstructing public servant mean?

Obstructing Government Administration in the Second Degree (PL 195.05) makes it a Class A misdemeanor to intentionally obstruct, impair or pervert the administration of law or other governmental function or to prevent or attempt to prevent a public servant from performing an official function by means of intimidation.

What IPC 181?

—Whoever, being legally bound by an oath 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 2[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he …

Is Section 188 IPC a compoundable offence?

Importantly, as per Section 320 of the Code of Criminal Procedure (CrPC), S. 188 is a non-compoundable offence. Procedural Scheme around Section 188, IPC By virtue of the First Schedule of the CrPC, S. 188 is made a cognizable and bailable offence.

When to take cognizance of a case under IPC?

The Court elucidated that in a case where the charge is under S. 188, IPC, cognizance by the Court, as provided for under S. 195, CrPC, can only be taken on the basis of a complaint in writing by the public servant whose lawful order had been contravened, and if not, the whole proceedings will stand vitiated and will be liable to be set aside.

Is Section 188 cognizable and bailable?

Importantly, as per Section 320 of the Code of Criminal Procedure (CrPC), S. 188 is a non-compoundable offence. By virtue of the First Schedule of the CrPC, S. 188 is made a cognizable and bailable offence.

Can ‘untenable’ firs be quashed for violation of covid-19 Lockdown?

[COVID-19 Lockdown] Plea in SC seeks quashing of “untenable, frivolous” FIRs u/Section 188 IPC against persons for violation of lockdown This, in the authors’ view, is a misreading of the law on the subject.