• Petty case for breaking curfew time in covid19 IPC 188

Hi,

During covid19 pandemic I went out at curfew time in Hyderabad and they filed on spot epetty case to me.I went out to drop my friend who was patient but they just stopped me and filed the case.

Please suggest what should I do now? Will I get imprisonment ?
Asked 5 years ago in Civil Law

6 answers received in 30 minutes.

Lawyers are available now to answer your questions.

30 Answers

Na. Will leave by paying fine. Any FIR registered ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You just enquire about the charges framed against you. 

If the offence is minor in nature you will be let off with fine amount alone.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If the case is registered then there must be FIR number.

2. So visit the police station and ask for the information.

3 During this time on many occasions the Police just detain the person wh breaks the restrictions and then let him go without registering the FIR.

4. In your case this may also happen.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No you can contest it or you can also later compromise in lokadalat if you want. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Maximum 500rs penalty. Or hire local lawyer, s/he will defend you to acquit.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Then you may wait for the police to notify you the date for paying the fine amount in court since this a petty case,  hence police will fix adate for disposing such cases once for all. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Relax and wait.

You will receive notices to appear, that time go to court.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Then you will have to deposit the fine and get the case disposed of. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Maximum 1000rs penalty or conviction upto 6 months. Dont worry, court may leave by paying fine only.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you can contest it. Magistrate may leave you only by fine also

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

They do not imprison you normally. Afine will be levied on you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes. That is ok. Contact the constable and pay the fine.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes as you violated the law as per the police version. Therefore you can either contest the case or pay fine.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You would have to pay nominal fine in court 

 

you would not be imprisoned 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need not worry only nominal fine is imposed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Generally  courts impose fine in case of FIR filed under section 188 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You will be informed by police once the charge sheet is prepared to pay the fine in court. 

The charges will be made for a list of people who have been charged , hence you may await notice from police. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Relax.

You will receive notice to appear in court.

You are right now on police bail.

You might have to pay some fine and case will be dismissed 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. If FIR has been registered then a trial will be held wherein the court will determine whether you are guilty or not.

2. Even if you are held guilty by the court it will let you off by imposing a fine which cannot exceed 500 INR.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Notwithstanding the penalty, it will be a conviction under a criminal charge, which may make you ineligible for seeking appointment to a public office.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

As per section 188 IPC, there can be improsnment or fine or both. It depends upon proof. Generally, its fine only.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

1. The File for offence under IPC 188 is only 200/-  and in any rare-to-rare cases it is 30 days punishment (which is usually not given)

2. Just personally go to court, when you receive summons and when magistrate directs you just simply pay the penalty 200/- and finish the matter.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

Just pay find and walk out. Please see the following

=================================================================

Section 188 in The Indian Penal Code

  1. 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 person 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 trends 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.

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

https://devgan.in/ipc/section/188/#:~:text=IPC%20Section%20188%20%2D%20Disobedience%20to,by%20public%20servant%20%7C%20Devgan.in

================================================================

PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe. 

==========================================================

 

PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.

Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.

Example:

  • Railway fines and Attestation Form

I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Section 188 IPC:- Violation of order promulgated by Govt. which is Cognizable, Bailable.

- The person will be punished with simple imprisonment for a term which may extend toone month or with fine which may extend to two hundred rupees, or with both;

- Further, 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.

- Hence , if you will appear before the court , then the court will ask you , whether you want to pay fine or proceed with the case. 

- Then the court will direct you to pay Rs.1000/- in the court , and hence your case would be disposed 

- Dont worry , it come under petty offences and no FIR there against you, and court will not ask you further question , except to say , dont repeat again. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Section 188 of the Indian Penal Code (IPC) empowers police to arrest anyone who violates an order promulgated by a public servant. The violator can be punished with imprisonment of up to six months, or with fine which may extend to one thousand rupees, or with both.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

generally, punishable only with fine not exceeding one thousand rupees. . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You should contest the case as it is going to be tried by court against you. 

2. It is a petty case you are not going to get imprisonment even if you confess before court chances are that court release you by taking fine only. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Response to your first post:

No, you will not be imprisoned. You may have to pay fine and you will be discharged.

Need not worry.  The same is being done to have control of movement of public.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Response to your second post:

You need not worry. Just maintain touch base with the concerned Police Constable, who inturn will take you to court and make you pay file, thereafter, you will be free.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Response to your third post:

The said section 188 IPC will enable the Court impost nominal fine on the person.

In order to have control over law and order during this pandemic and lock down, the said provision is invoked, after paying fine, you will be  free. 

You need not worry, as replied to your second post, proceeding accordingly with the help of constable. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer