Question:
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?
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?
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?
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In legal reasoning, always check for the presence of both \textbf{actus reus} (guilty act) and \textbf{mens rea} (guilty mind) — without both, most offences cannot be established.
Updated On: Aug 14, 2025
- 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.
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the legal principle
- Obstructing a public servant is an offence only if it is done knowingly and intentionally.
- The right of private defence allows a person to protect themselves or others from what they reasonably believe to be unlawful harm.
Step 2: Applying the facts
- Sidhu saw unknown men trying to force his uncle into a car.
- He had no knowledge that they were police officers in plain clothes.
- Believing his uncle was in danger, Sidhu acted to protect him, causing injury in the process.
Step 3: Legal reasoning
- Since Sidhu lacked knowledge that these were public servants acting lawfully, his actions fall under the protection of the right of private defence.
- Therefore, the mens rea (guilty mind) required for the offence of obstructing a public servant is absent.
\[ \boxed{\text{Sidhu has not committed an offence under the given legal principle.}} \]
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