Concerned About an FIR Under Section 188? How It Might Impact Your IT Career Prospects

Hi,

An FIR was filed against me under Section 188, but I was not taken into custody. Will Section 188 affect my career prospects in the future in the IT industry?

Nature of the offense has to be seen. Section 188 has both a fine and jail term. Take proper legal advice.

I presume the case is filed under Section 188 of the IPC. If so, this section addresses the acts of a 'public servant' and those found guilty under it. I have a query regarding whether the complainant can be lawfully recognized as a 'public servant' and whether Mr. Siddartha can be tried under this section.

Central Government Act

Section 188 in The Indian Penal Code

188. 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 a 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 description for a term which may extend to six months, or with a 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 a riot. A has committed the offense defined in this section.

Filing of FIR and Section 195 CrPC

Who has filed the FIR? The police authorities cannot directly take cognizance of the offense because of the bar under the provisions of Section 195 CrPC:

Prosecution for contempt of lawful authority of public servants

For offenses against public justice and for offenses relating to documents given in evidence, no court shall take cognizance:

(a) (i) of any offense punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or

(ii) of any abetment of, or attempt to commit, such offense, or

(iii) of any criminal conspiracy to commit such offense, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate.

Your post lacks sufficient materials for discussion or suggestions. You did not provide any information on who filed the case and why. Please note that every case carries its own weight and can affect one's career.

It appears that you have been booked for violating the Pandemic order currently in force! Be proactive in resolving the case as quickly as possible.