Sec 188 during lockdown
4 years ago
During this lockdown i come out from home for medical reason my friend was sick at home. I came out for searching medical and unfortunately police caught me and kept my bike with them issuing a notice with ipc 350 2020 and 188 on dated 07/04/2020.
Please suggest me what are the procedures because first time i am facing this please help me out sir/madam.
A.You can approach the PS and get your bike after paying the required fine or you can get it through court through a lawyer.
Thank you.
Thank you.
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Pavan kumar Gudipati
Responded 4 years ago
A.This is the First time for many people. You will get your vehicle only after Lockdown Over and after due verification of your case by Police. This is the summary case, so You have to be present before Court If Police says so. Based on Facts of the case, you may be asked for Penalty and other punishment.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
Hope you ar doing good, how is your friend now? Did you get him the necessary medical attention required, if you require any further assistance please talk to the assistance number given by your state police.
Further, the description below is very ambiguous but the face understood is that the PS has seized your bike and issued a notice. And they have charged you under section 188 of MV act and also they have added section 350 of IPC.
Anyway, if possible share with us the challan copy. It is highly unlikely to invoke section 350 of IPC in bike seized U/s 188 of MV act.
If authorities only invoked section 188 of MV act, you may simply visit the police station and pay fine of Rs. 200/- to release the bike after lockdown. Failing which you may approach a lawyer to move application before the court to release the bike by paying the fine as per the receipt and sections. Same goes with section 350 of IPC.
Hope you ar doing good, how is your friend now? Did you get him the necessary medical attention required, if you require any further assistance please talk to the assistance number given by your state police.
Further, the description below is very ambiguous but the face understood is that the PS has seized your bike and issued a notice. And they have charged you under section 188 of MV act and also they have added section 350 of IPC.
Anyway, if possible share with us the challan copy. It is highly unlikely to invoke section 350 of IPC in bike seized U/s 188 of MV act.
If authorities only invoked section 188 of MV act, you may simply visit the police station and pay fine of Rs. 200/- to release the bike after lockdown. Failing which you may approach a lawyer to move application before the court to release the bike by paying the fine as per the receipt and sections. Same goes with section 350 of IPC.
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Hemanth Hari
Responded 4 years ago
A.I think you might have threatened or became rude with the police when they caught you. If the police presents the byke in court then you have to take bail with the help of an advocate from the court. Otherwise you can take it from the station itself on showing two sureties.
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A.Dear Sir,
The section is as follows. You can get your vehicle after lock down period is over. Please nice with police get it even prior to it.
Please give me Rank 5 and Review my Resume and Follow Me.
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servÂant 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 imprisÂonment 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
The section is as follows. You can get your vehicle after lock down period is over. Please nice with police get it even prior to it.
Please give me Rank 5 and Review my Resume and Follow Me.
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servÂant 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 imprisÂonment 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
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