Legal Principle It is an offence to obstruct a public servant in the due discharge of his duty Right...........

Indian Penal Code (IPC) 1860 Others

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 inplain 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?

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

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

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

Sidhu should not have tried to help his uncle without ascertaining the fact.

Explanation:

Sidhu has not committed an offence since he did not know that the men were from the police,
because of the Right to private defence and also because Sidhu did not know about the policemen
Hence, option 2 is the correct answer.