In Face Covering With Hankey Law

Asked in Criminal

  • Jagpreet Singh

    Ludhiana

Expert's Answers(9)

  • Advocate Harish Chandra Yati

    Delhi, Delhi
      5 Client Ratings

    Section188 IPC reads as under:- "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. Thus your case is covered under first part and if proved you are liable for imprisonment for one month or with fine of Rs ***** or with both". However if sincerely contested chances of your conviction are very rare.

    March 14, 2018
  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    Ok, then it's a false charge.. Try Quash petition in High court.. Even if u convicted (its quite rare) if the case ended up then u have no issues in getting clearance.. if anything pending, then only you'll not get clearance.. and regarding visa its the discretion of the embassy officials.. Normally they will just least bother it.. but if it is US they will use this as lame reason to reject u.. so better don't complicate, file quash petition and high court will help u.. or just settle the matter in Lok adalat..

    March 14, 2018
  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    Not wearing Hankey but not obeying the order to stop by traffic sergeant is the offence.. very minor u need not contest.. Pay fine.. if possible u can pay fine in any other person name too.. but if u contest and trial is pending police may not give clearance.. if u pay fine and settle it in National Lok adalat.. everything is fine and no issues..

    March 14, 2018
  • Advocate Krishnan Balakrishnan Nair

    Pune, Maharashtra
      1 Client Ratings

    If what you have stated is what it is, then please go to HC for getting the charges quashed.Else your dreams of going abroad will never become a reality.

    March 14, 2018
  • Advocate Navjot Romana

    Bathinda, Punjab
     

    Very minor nature of offence. U can go for plea-bargaining.

    March 14, 2018
  • Advocate Krishnan Balakrishnan Nair

    Pune, Maharashtra
      1 Client Ratings

    why exactly were you using the hanky like that?

    March 14, 2018