Hi FIR was filed against me under section 188, but I was not taken in custody, will section 188 effect my career prospects in future in IT industry.
From India, Osmanabad
Acknowledge(0)
Amend(0)
From India, Osmanabad
Acknowledge(0)Amend(0)
Nature of offence has to be seen. Sec188 has both fine and jail term Take proper legal advice.
From India, Pune
Acknowledge(1)
Amend(0)
3180From India, Pune
Acknowledge(1)Amend(0)
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.
From India, Bangalore
Acknowledge(0)Amend(0)
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.
From India, Bangalore
Acknowledge(0)Amend(0)
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.
From India, Kochi
Acknowledge(0)Amend(0)
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.
From India, Kochi
Acknowledge(0)Amend(0)
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.
From India, Mumbai
Acknowledge(0)Amend(0)
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.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Circular No 1-2018 Processing of income-tax returns under section 143(1) of the Income-tax Act .pdf
1008-001-188-10 84_210.gif