Legal Principle: It is an offence to obstruct a public serva

162

M: +1.00/-0.25

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?

[CLAT 2018]

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

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

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

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