Is IPC 188 cognizable?

The classification of offence u/s. 188 of IPC is cognizable and bailable, making it mandatory on the police officer to record the FIR.

What is the Article 144?

Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such ‘unlawful assembly’ can be booked for engaging in rioting.

What is public servant in IPC?

The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely: *** Every Commissioned Officer in the Military, Naval or Air Forces of India; Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons.

How much is SEC in CrPC?

At present, the act contains 484 sections, 2 schedules and 56 forms.

Is Section 188 bailable or not?

Section 188 IPC provides punishment for disobedience to an order duly promulgated by a public servant. Section 188 has been made a cognisable and bailable offence as per the First Schedule of CrPC.

What is IPC in law?

Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to. cover all substantive aspects ofcriminal law. The code was drafted in 1860 on the recommendations of. first law commission of India established in 1834 under the Charter Act of 1833 under the.

Who can impose section 144 of CrPC?

Who has the power to impose section 144? Section 144 CrPc, 1973 gives power to a sub – divisional magistrate, district magistrate or any executive magistrate on behalf of the State Government to issue an order towards the general public or an individual in a particular place.

Does section 144 apply to offices?

Section 144 does apply to schools, colleges, other educational institutions and government offices. These can be closed according to the order. However, it does not apply in every case. Currently, Section 144 has affected educational institutions in Kalaburagi in Karnataka but not in Bengaluru.

What is Section 197 CrPC?

Section 197 of the CrPC seeks to protect an officer from unnecessary harassment, who is accused of an offence committed while acting or purporting to act in the discharge of his official duties and, thus, prohibits the court from taking cognisance of such offence except with the previous sanction of the competent …

Is a lawyer a public servant?

A public servant is a governmental officer, employee, or agent, a juror or a grand juror, an arbitrator or a referee, an attorney or a notary public, a political party official or a political candidate, or anyone who is performing a governmental function.

What is the purpose of CrPC?

The Code of Criminal Procedure (CrPC) is mainly an adjective law of Procedure. The purpose of the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time.

Can a person be tried under Section 188 of the CrPC?

According to the First Schedule of the Criminal Procedure Code (CrPC), 1973, both offences are cognizable, bailable, and can be tried by any magistrate. These are extraordinary times, but under what circumstances is Sec 188 IPC invoked normally?

What is the punishment under Section 188 of IPC?

In the scheme of the Indian Penal Code (IPC), Section 188 imposes punishment on whoever disobeys an order duly promulgated by a public servant. It prescribes the punishment for disobedience of the lawful orders of a public servant, especially when the disobedience results in obstruction, annoyance or injury to any person lawfully employed or;

Which is not controlled by section 195 CrPC?

The statutory power of the Police to investigate under the Code is not in any way controlled by Section 195 CrPC.

Is there ambit order passed under Section 188 of Indian Penal Code?

Similarly, in Ram Samujh v State[2] the Allahabad High Court held that Section 188 includes within its ambit orders passed under Section 144 as also Section 145 also. In all cases involving the section, it is essential to prove that the accused had knowledge of the orders passed, for which violation, he was being prosecuted.