Context: After the Janata Curfew, Delhi and many other states took the Centre’s advice to enforce a full lockdown in districts to contain the spread of COVID-19.
Background

• The orders issued to curb the spread of the coronavirus have been framed under the Epidemic Diseases Act, 1897, which lays down punishment as per Section 188 of the Indian Penal Code, 1860, for flouting such orders –leading to imprisonment of up to 6 months or fine up to Rs 1000 or both.
• In the past, the Act has been routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera.
• Its penal provisions are currently being invoked by states to contain the COVID-19 pandemic.

About Section 188 of the Indian Penal Code

• Section 3 of the Epidemic Diseases Act, 1897, provides penalties for disobeying any regulation or order made under the Act.
• These are according to Section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).
• Section 188, which comes under the Code’s Chapter X, ‘Of Contempt of the Lawful Authority of Public Servants’, reads:

“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;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.

What happens if you violate the lockdown orders?
Under Section 188, there two offences:

• Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed.
• Punishment: Simple Imprisonment for 1 month or fine of Rs 200 or both
• If such disobedience causes danger to human life, health or safety, etc;
• Then Punishment: Simple Imprisonment for 6 months or fine of Rs 1000 or both
• 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 Section 188 IPC invoked normally?

• To be punishable under Section 188, the order has to be for public purposes by public functionaries. An order made in a civil suit between two parties does not fall under this Section.
• There must be evidence that the accused had knowledge of the order with the disobedience of which he is charged. Mere proof of a general notification promulgating the order does not satisfy the requirements of the section. Mere disobedience of the order does not constitute an offence in itself, it must be shown that the disobedience has or tends to a certain consequence.