IPC Section 186: Obstructing Public Servant in Discharge of Public Functions

1. State the code

Section 186 of the Indian Penal Code (IPC) states:

Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

2. Explain it

This section criminalizes the act of intentionally hindering or preventing a public servant from performing their official duties. A public servant includes any person appointed or employed in any governmental department or public office, such as a police officer, government official, or teacher.

The obstruction need not be physical; it can be verbal, by threats, or by any other means that effectively prevents the public servant from carrying out their duty.

For this section to apply, the following conditions must be met:

• There must be a public servant involved.
• The public servant must be in the discharge of their public functions.
• The obstruction must be voluntary.

3. Illustrate it

• A person refusing to cooperate with a police officer investigating a crime.
• A group of people blocking a road to prevent a government official from entering a village.
• Threatening a teacher to stop them from conducting an exam.

4. Common Questions and Answers

Q: Can a person be charged under Section 186 for peacefully protesting against a government policy?

A: No, peaceful protests are generally protected under the right to freedom of speech and assembly. However, if the protest turns violent or obstructs the public servant’s duty, it could fall under this section.

Q: Does Section 186 apply to a private citizen who prevents another private citizen from performing a duty?

A: No, this section only applies when a public servant is involved.

Q: What is the punishment for violating Section 186?

A: The maximum punishment is three months imprisonment, a fine of five hundred rupees, or both.