All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
63.

Obstructing Public Servant in discharge of his public functions is a

A: Non-bailable offence
B: bailable offence
C: civil wrong
D: none of the above

The answer is: B

Explanation

The correct option is B: bailable offence.

This is because according to the classification of offences under Schedule 1 of the Code of Criminal Procedure, 1973, obstructing public servant in discharge of public functions is a non-cognizable and bailable offence. This means that the police cannot arrest the accused without a warrant, and the accused has a right to be released on bail by the police or the court. 

Option A is incorrect because obstructing public servant in discharge of public functions is not a non-bailable offence, which means that the accused does not have a right to be released on bail as a matter of course, and the court has the discretion to grant or refuse bail.

Option C is incorrect because obstructing public servant in discharge of public functions is not a civil wrong, which means that it does not involve a breach of a legal duty owed to another person, and it does not give rise to a claim for damages or injunction. It is a criminal offence, which means that it involves a violation of the law that affects the public interest, and it gives rise to a prosecution by the state.

Option D is incorrect because obstructing public servant in discharge of public functions is a well-defined offence under Section 186 of the Indian Penal Code, 1860, which states that 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.