Explained: Why you could be booked under Section 188 IPC if found flouting lockdown
New Delhi, Mar 24: With most parts of the country under a lockdown, the government has decided to take stringent measures to ensure that it is strictly followed.
Under Section 3 of the Epidemic Disease Act of 1897, there are several penalties prescribed for disobeying any regulation.
In this context one must take a look at Section 188 of the Indian Penal Code, which will be used by the police to ensure that the lockdown is enforced properly.
Section 188 deals with disobedience to order duly promulgated by public servant. The provisions say that if a person disobeys a direction by a public servant lawfully empowered to promulgate such an order, the person can be punished with simple imprisonment of up to one month or with fine with may be Rs 200 or both.
However in case if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, the person shall be punished with a jail term which may extend up to six months or with fine of Rs 1,000 or both.
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.
On the other hand Section 3 of the Epidemic Disease Act of 1897 says, "any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code.