| 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? |
A) Sidhu bas 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.
Correct Answer: B
Solution :
Sol. As per the given Legal Principle, if an individual obstructs a public servant in discharging his duty it shall be considered as an offence. Meanwhile, right of private defense is available to protect one's person and property. In the Fact Situation Sidhu, while rescuing his uncle injured some people who were in civil dresses. He has not committed an offence because police officers were in plain clothes and Sidhu was unable to recognise that they were police.
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