Disobedience to an Order of a Public Servant Under the BNS (Section 223): IPC 188 Mapping (2026)
What Section 223 of the Bharatiya Nyaya Sanhita covers, the two tiers of punishment for disobeying a public servant’s order, and how it maps to IPC Section 188. Last verified October 2026.
Explainer · New Criminal Laws · BNS
Section 223 of the Bharatiya Nyaya Sanhita (BNS), 2023 punishes knowingly disobeying an order that a public servant, lawfully empowered to issue it, has duly promulgated. The sentence rises where the disobedience causes danger to human life, health or safety. This is the section most often used when a person breaches a prohibitory order. It replaced Section 188 of the Indian Penal Code (IPC) and has applied since 1 July 2024. This explainer sets out what Section 223 covers, the two tiers of punishment, how it is classified, and what changed from the old law. Last verified October 2026.
- What it is: BNS Section 223, knowing disobedience of a lawful order duly promulgated by a public servant.
- Old law: it replaced Section 188 of the IPC, in force since 1 July 2024.
- Punishment: Tier 1 up to 6 months or Rs 2,500; Tier 2 (danger to life, health or safety) up to 1 year or Rs 5,000.
- Key change: same offence as IPC 188, but longer terms and higher fines.
01The short answer
Section 223 of the BNS punishes a person who, knowing that a public servant has issued a lawful order directing them to do or not do a certain thing, disobeys that order and, by doing so, causes or tends to cause harm.
There are two tiers:
- Tier 1: disobedience that causes or tends to cause obstruction, annoyance or injury to a person lawfully employed.
- Tier 2: disobedience that causes or tends to cause danger to human life, health or safety, or a riot or affray.
It replaced IPC Section 188. It is the section commonly used to enforce a prohibitory order.
Section 223 of the BNS punishes knowing disobedience of a lawful order of a public servant, with a higher sentence where the breach endangers life, health or safety.
02What the section covers
The section has a careful structure. Several things must line up.
A lawful, duly promulgated order
The order must come from a public servant who is lawfully empowered to issue it, and it must be duly promulgated, that is, properly made known. A common example is an order under Section 163 of the BNSS, the old Section 144 CrPC.
Knowledge, not intent
The key mental element is knowledge of the order, not an intention to cause harm. The explanation to the section makes clear that it is enough that the accused knows of the order and that the disobedience produces, or is likely to produce, harm. The accused need not intend the harm.
03Punishment and classification
The two tiers and their penalties are set out below.
| Situation | Punishment under BNS Section 223 |
|---|---|
| Disobedience causing or tending to cause obstruction, annoyance or injury to a person lawfully employed | Simple imprisonment up to six months, or fine up to Rs 2,500, or both. |
| Disobedience causing or tending to cause danger to human life, health or safety, or a riot or affray | Imprisonment up to one year, or fine up to Rs 5,000, or both. |
The offence is generally treated as bailable and non-cognizable, and a court usually takes cognizance only on a written complaint by the public servant concerned.
04IPC 188 to BNS 223: what changed
Section 223 of the BNS is the direct successor to Section 188 of the IPC. The structure is the same, but the penalties are higher.
| Tier | IPC 188 | BNS 223 |
|---|---|---|
| Obstruction, annoyance or injury | Up to 1 month, or fine up to Rs 200, or both | Up to 6 months, or fine up to Rs 2,500, or both |
| Danger to life, health or safety, or riot or affray | Up to 6 months, or fine up to Rs 1,000, or both | Up to 1 year, or fine up to Rs 5,000, or both |
So the substance of the offence is unchanged, but both the jail terms and the fines were raised. For the full map of old numbers to new, see our IPC to BNS section converter.
05Practical points
- It is the enforcement section for prohibitory orders. When a magistrate passes an order under the BNSS public nuisance power or a Section 163 order, a breach is usually charged under Section 223.
- Do not confuse it with obstruction. Physically obstructing a public servant in their duty is a different offence. See obstructing a public servant under Section 221.
- Knowledge must be shown. The prosecution has to prove the accused knew of the order.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Researching a prohibitory-order case means finding how courts have applied Section 223, and the old IPC 188, and then staying with the matter as it is listed. Claw does both. Its index of more than 30 crore judgments answers a search in under five seconds, reaching back to Supreme Court rulings from 1950 and High Court rulings from 1990, so decisions under Section 223 and Section 188 come up together, and it follows cases, orders and hearings under this section across 9,102 courts, benches and forums, by party or advocate name. Claw does not use your case documents to train its AI models.
Create a free Claw account to pull Section 223 authorities and track a live matter, and see how case search works across Indian courts.
07Sources and further reading
- India Code (official bare Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Text of BNS Section 223: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Statute text can change through amendment and notification, so check the current section and take advice from counsel before acting.
08Frequently asked questions
What is Section 223 of the BNS?
Section 223 of the Bharatiya Nyaya Sanhita, 2023 punishes knowingly disobeying an order duly promulgated by a public servant lawfully empowered to issue it, where the disobedience causes or tends to cause harm. It replaced Section 188 of the IPC and came into force on 1 July 2024.
What is the punishment under BNS Section 223?
Where the disobedience causes or tends to cause obstruction, annoyance or injury, it is simple imprisonment up to six months, or a fine up to Rs 2,500, or both. Where it causes or tends to cause danger to human life, health or safety, or a riot or affray, it is imprisonment up to one year, or a fine up to Rs 5,000, or both.
Which IPC section does BNS 223 replace?
It replaces Section 188 of the Indian Penal Code. The structure of the offence is the same, but the jail terms and fines were raised.
Is intent to cause harm required?
No. The key element is knowledge of the order. It is enough that the accused knew of the order and that the disobedience produced, or was likely to produce, harm.
Is Section 223 used for breach of prohibitory orders?
Yes. It is the section commonly used to enforce an order under Section 163 of the BNSS, which replaced Section 144 of the old CrPC.
Can I find cases under Section 223 or Section 188 in Claw?
Yes. Claw lets you search more than 30 crore judgments in under five seconds, so decisions under Section 223 of the BNS and the old Section 188 of the IPC come up together, and it tracks cases, orders and hearings under this section across 9,102 courts, benches and forums by party or advocate name.