This post is about 41-YEAR-OLD who misbehaved WITH COP and Got ARRESTED. Read the story to know more.

FACTS OF THE CASE

Praveen a 41 year old man during the weekend curfew, ventured out in Daria village. The accused was driving Volkswagen Vento car, with Punjab registration number near Gugamari Temple. He was stopped by the senior constable Hitesh, who asked why was he out during lockdown. The accused came out of the car while started abusing him , held his collar also tore his shirt and picked the stone and started hitting the cop with it. The accused is arrested for his acts. A case under section 186, section 188 section 332 and section 353 were registered

Misbehaving with Cops can get you Arrested.
Misbehaving with Cops can get you Arrested.

SECTIONS AND ITS IMPLICATIONS

SECTION 186 – Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

SECTION 188- 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.

SECTION 332 -Voluntarily causing hurt to deter public servant from his duty.—Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public serv­ant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.

SECTION 353- Assault or criminal force to deter public servant from discharge of his duty.—Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public serv­ant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

LEGAL OPINION

A lockdown is an emergency protocol which restricts people from leaving an area. The gathering of crowd is also prohibited. Individuals who violate the lockdown rules are punishable under section 269 and 270 of IPC – ‘of offences affecting the public health, safety, convenience , decency and morals’. Also if a person refuse to respect and follow a public order issued by an authorized public servant , a person is punishable with fine or imprisonment.

CONCLUSION:

 A 41 year old man who was stopped by the constable for breaking rules of lockdown and venturing out abusee the constable by abusing him and holding his collar and tearing his uniform was charged under sections 186, 188,332 and 353.

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