Broke a section 144 order? The FIR can fail.

Myth or fact?

What people often think.

• Myth: Any police officer can register an FIR for breaking a s.144 ban.
• Fact: For PPC s.188 the Court needs a written complaint of the public servant concerned (CrPC s.195(1)(a)).

The law.

Section 188, PPC.

“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 ...”

Pakistan Penal Code, 1860 · Section 188, Disobedience to order duly promulgated by public servant

Two levels.

The prison terms, s.188.

• ObstructionAnnoyance or injury to people lawfully employed: simple imprisonment up to 1 month, or fine, or both.
• DangerTo life, health or safety, or a riot: up to 6 months, or fine, or both.

Knowing is enough.

The Explanation to section 188.

• No intent to harmHe need not intend harm or expect it.
• What countsHe knows the order, and disobeying it causes or is likely to cause harm.

The gatekeeper.

Section 195(1)(a), CrPC.

“No Court shall take cognizance of any offence punishable under Sections 172 to 188 of the Pakistan Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate.”

Code of Criminal Procedure, 1898 · Section 195(1)(a), Prosecution for contempt of lawful authority of public servants

Quick quiz. The SHO's FIR.

Guess first, then swipe for the answer.

• A. Yes, police can file it
• B. No, it can be quashed
• C. Only after a challan

Answer: B. 2011 YLR 3067.

Peshawar High Court.

• The factsAn FIR for breaking a s.144 ban was registered on behalf of the SHO.
• The holdingOnly the officer who made the order, or his superior, could complain in writing.
• The resultThe FIR was held void and quashed.

Other courts agree.

Reported headnotes, Sindh High Court.

• 1997 MLD 2532Proceedings on a police challan were an abuse of process and were quashed.
• 1999 PCrLJ 1252An FIR by an officer who did not make the order was quashed.

Facing s.188?

Three checks, in this order.

• The orderWho made it, and was he lawfully empowered?
• The complaintIn writing, by him or his superior (s.195)?
• The remedyIf not, quashing under CrPC s.561-A.

Named in an FIR?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• Police registered an FIR under section 188 PPC against my brother for a procession. Can it be quashed?
• Which offences need a written complaint under section 195 CrPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 188
  Disobedience to order duly promulgated by public servant Pakistan Code
• Code of Criminal Procedure, 1898 · Section 195(1)(a)
  Prosecution for contempt of lawful authority of public servants Pakistan Code