Answer-A public servant with the lawful authority to issue orders promulgates..338949

Q: A public servant with the lawful authority to issue orders promulgates a directive stating that a re

Section146RiotingWheneverforceorviolenceisusedbyanunlawfulassemblyorbyanymemberthereofinprosecutionofthecommonobjectofsuchassemblyeverymemberofsuchassemblyisguiltyoftheoffenceofriotingSection176OmissiontogivenoticeorinformationtopublicservantbypersonlegallyboundtogiveitWhoeverbeinglegallyboundtogiveanynoticeortofurnishinformationonanysubjecttoanypublicservantassuchintentionallyomitstogivesuchnoticeortofurnishsuchinformationinthemannerandatthetimerequiredbylawshallbepunishedwithsimpleimprisonmentforatermwhichmayextendtoonemonthorwithfinewhichmayextendtofivehundredrupeesorwithbothorifthenoticeorinformationrequiredtobegivenrespectsthecommissionofanoffenceorisrequiredforthepurposeofpreventingthecommissionofanoffenceorinordertotheapprehensionofanoffenderwithsimpleimprisonmentforatermwhichmayextendtosixmonthsorwithfinewhichmayextendtoonethousandrupeesorwithboth6orifthenoticeorinformationrequiredtobegivenisrequiredbyanorderpassedundersubsection1ofsection565oftheCodeofCriminalProcedure18985of1898withimprisonmentofeitherdescriptionforatermwhichmayextendtosixmonthsorwithfinewhichmayextendtoonethousandrupeesorwithbothSection188DisobediencetoorderdulypromulgatedbypublicservantWhoeverknowingthatbyanorderpromulgatedbyapublicservantlawfullyempoweredtopromulgatesuchorderheisdirectedtoabstainfromacertainactortotakecertainorderwithcertainpropertyinhispossessionorunderhismanagementdisobeyssuchdirectionshallifsuchdisobediencecausesortendstocauseobstructionannoyanceorinjuryorriskofobstructionannoyanceorinjurytoanypersonslawfullyemployedbepunishedwithsimpleimprisonmentforatermwhichmayextendtoonemonthorwithfinewhichmayextendtotwohundredrupeesorwithboth50andifsuchdisobediencecausesortendstocausedangertohumanlifehealthorsafetyorcausesortendstocauseariotoraffrayshallbepunishedwithimprisonmentofeitherdescriptionforatermwhichmayextendtosixmonthsorwithfinewhichmayextendtoonethousandrupeesorwithboth

Question

A public servant with the lawful authority to issue orders promulgates a directive stating that a religious procession is prohibited from passing through a particular street. A knowingly disobeys this order, resulting in the risk of a riot. In such a case, A is guilty of an offence as defined under:

A Section 146

B Section 188

C Section 176

D None of the above

Solution

Section 146. Rioting —Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. Section 176. Omission to give notice or information to public servant by person legally bound to give it. —Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; 6 [or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 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 persons 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; 50 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 fine which may extend to one thousand rupees, or with both.

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