Section 223 BNS: Disobedience To Order Duly Promulgated By Public Servant

Table of Contents

Section 223 BNS | BNS 223

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,—

223(a) BNS

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;

223(b) BNS

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— It 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.

READ OTHER SECTIONS OF CHAPTER XIII — OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Section No.	Section Title
206	Absconding to avoid service of summons or other proceeding.
207	Preventing service of summons or other proceeding, or preventing publication thereof.
208	Non-attendance in obedience to an order from public servant.
209	Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.
210	Omission to produce document or electronic record to public servant by person legally bound to produce it.
211	Omission to give notice or information to public servant by person legally bound to give it.
212	Furnishing false information.
213	Refusing oath or affirmation when duly required by public servant to make it.
214	Refusing to answer public servant authorised to question.
215	Refusing to sign statement.
216	False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
217	False information, with intent to cause public servant to use his lawful power to injury of another person.
218	Resistance to taking of property by lawful authority of a public servant.
219	Obstructing sale of property offered for sale by authority of public servant.
220	Illegal purchase or bid for property offered for sale by authority of public servant.
221	Obstructing public servant in discharge of public functions.
222	Omission to assist public servant when bound by law to give assistance.
223	Disobedience to order duly promulgated by public servant.
224	Threat of injury to public servant.
225	Threat of injury to induce person to refrain from applying for protection to public servant.
226	Attempt to commit suicide to compel or restrain exercise of lawful power.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 223

223 BNS punishment and fine

Punishment and fine under Section 223 of the BNS—

223(a): Simple imprisonment for 6 months, or fine of 2,500 rupees, or both.
223(b): Imprisonment for 1 year, or fine of 5,000 rupees, or both.
223 BNS cognizable or not

The offence under Section 223(a) and 223(b) of the BNS is cognizable.
223 BNS bailable or not

The offence under Section 223(a) and 223(b) of the BNS is bailable.
223 BNS trial court

Offence specified in Section 223(a) and 223(b) of the BNS is triable by any Magistrate.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).