Section 223: Whoever, knowing that, by an order promulgated by a public servant lawfully
to order duly
promulgated
empowered to promulgate such order, he is directed to abstain from a certain act, or to take
by public certain order with certain property in his possession or under his management, disobeys
servant. such direction,ββ
(a) shall, if such disobedience causes or tends to cause obstruction, annoyance
or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed,
be punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand and five hundred rupees, or with both;
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
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(b) and where 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 one year, or
with fine which may extend to five thousand rupees, or with both.
Explanation.βIt is not necessary that the offender should intend to produce harm,
or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of
the order which he disobeys, and that his disobedience produces, or is likely to produce,
harm.
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. A has committed the
offence defined in this section.
