Why in News?

• Delhi and many other states took the Centre’s advice to enforce a full lockdown in districts to contain the spread of COVID-19 by imposing Epidemic Diseases Act, 1897.

Epidemic Diseases Act, 1897:

• 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.

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.
• 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