NOT FILE FIR FOR DISOBEDIENCE OF ORDER: HC

          

    It is  seen that police are filing FIR frequently under section 188 of the Indian Penal Code. The High Court of Madras ordered that no police can’t file FIR for offences that come under section 188 of the IPC. The Justice states that “To constitute an offence under Section 188 of the IPC, mere disobedience of order is not sufficient. The disobedience should also lead to enumerated consequences to constitute it as an offence. The role of a police officer will be confined only to the preventive action as stipulated under Section 41 of Criminal Procedure Code and immediately, he has to inform the authorized public servant to enable them to give a complaint in writing before the judicial magistrate,”

 The court has been hearing a batch of petitions regarding the police illegal activities against public related to FIR registration. Thus certain guidelines have been issued by the court to stop all this.

According to section 188 of IPC,

Disobedience to order duly promulgated by public servant.—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, 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 one month or with fine which may extend to two hundred rupees, or with both; 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 des c r i p tion for a term which may extend to six months, or with fine which may extend to one 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. 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 offense defined in this section.

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