Question

Obstructing Public Servant in discharge of his public functions is a

• A. nonbailable offence
• B. bailable offence
• C. civil wrong
• D. none of the above

Hint:

While offences against public servants are taken seriously, not all are non-bailable. Simple obstruction (S.186) is bailable, but more serious acts like using criminal force (S.353) or causing grievous hurt (S.333) to deter a public servant are non-bailable. Always check the specific section.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the classification of the offence of obstructing a public servant. This is a criminal offence, not a civil wrong. To determine if it is bailable or non-bailable, we must first identify the relevant section in the Indian Penal Code (IPC) and then check its classification in the First Schedule of the Code of Criminal Procedure (CrPC).
Step 2: Detailed Explanation:
\begin{enumerate} \item Identify the Offence: The offence is "Obstructing public servant in discharge of public functions." This is defined under Section 186 of the IPC. \item Refer to the First Schedule of CrPC: Looking up Section 186 IPC in the First Schedule provides its classification. \item Classification: \begin{itemize} \item Cognizability: It is classified as a Non-cognizable offence. This means a police officer cannot arrest the accused without a warrant from a Magistrate. \item Bail: It is classified as a Bailable offence. This means the accused has a right to be released on bail. \end{itemize} \end{enumerate} Since the offence is bailable, option (B) is correct. Option (A) is incorrect. Option (C) is incorrect because it is a criminal offence, not merely a civil wrong.
Step 3: Final Answer:
Obstructing a Public Servant in discharge of his public functions is a bailable offence.