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प्रश्न
Legal Principle: It is an offense to obstruct a public servant in the due discharge of his duty. The right of private defense 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?
पर्याय
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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उत्तर
Sidhu has not committed an offense since he did not know that the men were from the police.
Explanation:
Right of private defense of body, this right has been given by the state to every citizen of the country to take law into his own hand for their safety of themselves or anybody else. The right is not dependent on the actual criminality of the person resisted. It depends solely on the wrongful or apparently wrongful character of the act attempted, if the apprehension is real and reasonable, it makes no difference that it is mistaken. IPC Section 96
Nothing is an offense, which is done in the exercise of the right of private defense.
In the light of above arguments, "Sidhu has not committed an offense since he did not know that the men were from the police" is the most appropriate and it can be clearly said that Sidhu has not committed an offense since he did not know that the men were from the police and he was only trying to save his uncle in good faith.
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संबंधित प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
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