'Obstruction' In S.186 IPC Not Limited To Physical Force; Means Any Impediment To Public Servant's Discharge Of Duty : Supreme Court

The Supreme Court on Wednesday (Aug. 20) clarified that a conviction under Section 186 IPC does not require the use of violence or physical force. The Court held that obstruction of a public servant's lawful duty can also occur through threats, intimidation, or deliberate non-cooperation, so long as it makes the discharge of duty more difficult.

“we hold that the expression 'obstruction' used in Section 186 of the I.P.C. is not confined to physical obstruction. It need not necessarily be an act of use of criminal force. The act need not be a violent one. It is enough if the act complained of results in preventing a public servant in discharge of his lawful duties. Any act of causing impediment by unlawfully preventing public servant in discharge of his functions would be enough to attract Section 186 of the I.P.C. Any other interpretation would be to encourage people to take the law into their hands, frustrate the investigation of the crimes and thwart public justice. Such an interpretation cannot be commended by the Courts.”, the Court said.

The bench comprising Justices JB Pardiwala and R Mahadevan heard the case where the Respondent No.2, a process server being an employee of the court, visited a Delhi police station to serve summons and warrants. He alleged that the Station House Officer (SHO), Devendra Kumar (Petitioner herein), not only refused to accept the documents properly but also verbally abused him, forced him to stand with his hands raised as punishment, and detained him for hours, preventing him from carrying out his official duties.

Aggrieved by the High Court's decision to upheld the registration of FIR against him pursuant to a complaint registered with the District Judge, the SHO moved to the Supreme Court.

Refusing to interfere with the High Court's decision, the judgment authored by Justice Pardiwala explained that “the word 'obstruction' in Section 186 of the I.P.C is not confined to physical obstruction only. Threats of violence made in such a way as to prevent the public servant from carrying out his duty might easily amount to an obstruction of the public servant.”

“We have already noticed the averments made in the complaint against the petitioner herein and others. Their acts prima facie, in our considered opinion, amount to obstructing the public servant in the discharge of their public functions. Therefore, the complaint itself, in our considered opinion does not suffer from any legal infirmity.”, the court added.

Also from the judgment -  Offences Connected To S.172-188 IPC Can't Be Split Up To Bypass S.195 CrPC Bar : Supreme Court Lays Down Principles

Cause Title: DEVENDRA KUMAR VERSUS THE STATE (NCT OF DELHI) & ANR.

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Appearance:

For Petitioner(s) : Mr. Nikilesh Ramachandran, AOR Mr. SC Sagar, Adv. Mr. Shubham Seth, Adv. Ms. Ananya V Mehra, Adv. Ms. Soumya Saisa Das, Adv.

For Respondent(s) :