Legal Principle: It is an offence to obstruct a public servant in the due discharge of his duty. Right of private defence is available to protect one’s person and property. Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle. Which of the following statements is the most appropriate in relation to the legal principle stated above?

Option A: Sidhu has committed the offence of obstructing a public servant in due discharge of his duty.

Option B: Sidhu has not committed an offence since he did not know that the men were from the police.

Option C: Sidhu’s uncle has resisted arrest and should be proceeded against.

Option D: Sidhu should not have tried to help his uncle without ascertaining the fact

Correct Answer

Option: b

Explanation

Chapter X, Section 186 says that Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

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