Section 186 IPC - Obstructing Public Servant in Discharge of Public Functions
Section 186 of the Indian Penal Code, 1860 punished a person who voluntarily obstructed a public servant in the discharge of public functions. The provision protected the lawful performance of public duties against voluntary obstruction.
Section 186 IPC - Statutory Provision
Obstructing public servant in discharge of public functions.
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.
Meaning of Section 186 IPC
The section dealt with voluntary obstruction of a public servant while the public servant was discharging public functions. The statutory focus was therefore on three connected matters: the status of the person obstructed as a public servant, the discharge of public functions, and voluntary obstruction of those functions.
Essential Ingredients of Section 186 IPC
- Public servant: the person obstructed must be a public servant within the applicable IPC meaning.
- Public function: the public servant must be engaged in the discharge of a public function.
- Obstruction: the accused must obstruct the public servant in carrying out that function.
- Voluntary conduct: the obstruction must be voluntary, as expressly required by Section 186.
- Connection with official function: the obstruction must relate to the discharge of the public servant's public functions, rather than merely to a private act unconnected with public duty.
Meaning of "Public Servant"
The expression "public servant" was defined in Section 21 of the Indian Penal Code, 1860. Whether the person obstructed falls within that definition depends on the office, duty or legal status involved in the particular case.
What Is "Obstruction" Under Section 186?
Section 186 used the expression "voluntarily obstructs." The question is therefore whether the conduct in issue actually impeded or obstructed the public servant in the discharge of a public function and whether that obstruction was voluntary. Mere presence, disagreement or criticism does not by itself reproduce every statutory ingredient; the facts must establish obstruction connected with the public function.
Punishment Under Section 186 IPC
| Offence | Voluntarily obstructing a public servant in the discharge of public functions. |
|---|---|
| Maximum imprisonment | Three months, of either description. |
| Fine | Up to Rs. 500 under the IPC text applicable before BNS. |
| Alternative punishment | Imprisonment, fine, or both. |
Cognizance Under Section 195 CrPC
Section 186 IPC fell within IPC Sections 172 to 188. Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, a court could not take cognizance of an offence punishable under those sections except upon a written complaint of the public servant concerned or of another public servant to whom that public servant was administratively subordinate.
This complaint requirement concerned the court's cognizance of the offence and was distinct from proof of the substantive ingredients of voluntary obstruction under Section 186 IPC.
Section 186 and Other Offences Involving Public Servants
Section 183 IPC specifically dealt with resistance to the taking of property by lawful public authority. Section 184 IPC dealt with intentional obstruction of a sale held by public authority, while Section 185 IPC dealt with specified illegal purchasing or bidding at such a sale. Section 186 was framed more generally around voluntary obstruction of a public servant in the discharge of public functions.
Pre-BNS Legal Position
Section 186 formed part of Chapter X of the Indian Penal Code concerning contempts of the lawful authority of public servants. This page describes the IPC and CrPC legal position before commencement of the Bharatiya Nyaya Sanhita, 2023. For conduct or proceedings spanning the change in criminal laws, the relevant saving and transitional provisions should be examined separately.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular incident or proceeding.