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What is Section 188 of the CrPC? Why is it imposed? Discuss, also present the concerns associated with its misuse.

Topic:  Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

4. What is Section 188 of the CrPC? Why is it imposed? Discuss, also present the concerns associated with its misuse.(250 words)

Reference: Indian Express

Why this question:

The Epidemic Diseases Act, 1897 lays down punishment as per Section 188 of the Indian Penal Code, 1860, for flouting orders issued by various state governments to contain the spread of COVID-19. Thus the question.

Key demand of the question:

One has to discuss the Imposition, concerns on section 188 of CrPC and measures to prevent its misuse.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Briefly state what Section 188 of the CrPC is.

Body:

Section 188 relates to Disobedience to order duly promulgated by public servant.

  1. It says violators can 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.
  2. 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.

Discuss the concerns associated in detail.

Conclusion:

Conclude with measures to prevent the misuse of it.