CrPC Section 187
CrPC Section 187 defines the offence of obstructing a public servant in discharge of public functions and its legal consequences.
CrPC Section 187 deals with the offence committed when a person intentionally obstructs a public servant in the discharge of their public duties. This section is crucial to maintain the smooth functioning of government operations and ensure that public servants can perform their roles without unlawful interference.
Understanding this section helps citizens recognize the legal boundaries when interacting with public officials and the consequences of obstructing lawful duties. It also guides law enforcement and judicial authorities in handling such offences effectively.
CrPC Section 187 – Exact Provision
This section criminalizes intentional obstruction of public servants performing their official duties. It prescribes a punishment that may include imprisonment up to three months, a fine up to five hundred rupees, or both. The offence is cognizable and aims to protect public servants from hindrance in their lawful functions.
Applies to intentional obstruction of public servants.
Punishment includes imprisonment, fine, or both.
Ensures public servants can perform duties without interference.
Offence is cognizable and punishable.
Explanation of CrPC Section 187
This section means that if someone deliberately stops or hinders a public servant from doing their official work, they can be punished. It protects officials from unlawful interference during their duties.
The section states punishment for intentional obstruction.
Affects any person obstructing public servants.
Triggered when obstruction is deliberate.
Allows punishment by imprisonment or fine.
Prohibits any form of unlawful hindrance to public servants.
Purpose and Rationale of CrPC Section 187
This section exists to protect public servants from obstruction, ensuring that government functions proceed smoothly. It balances the need for public order with citizens' rights, preventing misuse of power by either side and promoting respect for lawful duties.
Protects rights of public servants to perform duties.
Ensures procedural fairness in handling obstruction.
Balances police power and citizen freedoms.
Prevents abuse or misuse of authority by citizens or officials.
When CrPC Section 187 Applies
This section applies when a person intentionally obstructs a public servant during the lawful discharge of official duties. It is relevant in various situations involving government officials performing public functions.
Intentional obstruction must be present.
Public servant must be performing official duties.
Police and magistrates have authority under this section.
Applicable across all jurisdictions in India.
No specific time limits, but prompt action advisable.
Cognizance under CrPC Section 187
Cognizance of this offence is generally taken by a Magistrate upon receiving a police report or complaint. Since it is a cognizable offence, police can register FIR and investigate without prior magistrate approval.
Police can register FIR and investigate immediately.
Magistrate takes cognizance on police report or complaint.
Proceedings initiated to ensure timely justice.
Bailability under CrPC Section 187
The offence under Section 187 is bailable, meaning the accused has the right to be released on bail. Courts usually grant bail unless there are special circumstances affecting the case.
Bail is generally granted as a matter of right.
Conditions may be imposed based on case facts.
Practical considerations include ensuring appearance in court.
Triable By (Court Jurisdiction for CrPC Section 187)
Cases under Section 187 are triable by Magistrate courts. The Magistrate conducts trial and passes judgment based on evidence and legal provisions.
Trial conducted in Magistrate courts.
Sessions court involvement not typical unless linked to other offences.
Summary trials may be possible depending on circumstances.
Appeal and Revision Path under CrPC Section 187
Appeals against convictions or orders under this section lie with the Sessions Court. Revision petitions can be filed in higher courts if there is an error in law or procedure.
Appeal to Sessions Court is available.
Revision possible in High Court under certain conditions.
Timelines for appeal typically 30 days from order.
Example of CrPC Section 187 in Practical Use
Person X was stopped by a municipal officer while trying to remove illegal signage. X forcibly resisted and prevented the officer from performing the duty. The officer filed a complaint under Section 187. The court convicted X, emphasizing the importance of allowing public servants to perform lawful duties without obstruction.
Section 187 ensured public servant's authority was upheld.
Key takeaway: Obstructing officials is punishable to maintain order.
Historical Relevance of CrPC Section 187
This section has its roots in colonial-era laws designed to protect government officials. Over time, amendments have refined the punishment and clarified the scope to suit modern governance needs.
Originally part of British-era legal framework.
Amendments adjusted penalties and procedural aspects.
Modernized to fit democratic public administration.
Modern Relevance of CrPC Section 187
In 2026, this section remains vital for ensuring public servants can perform duties without fear or interference. It supports effective governance, especially in law enforcement, municipal administration, and public service delivery.
Protects officials in diverse government roles.
Addresses challenges of increasing public interactions.
Supports digital and field-based public functions.
Related Sections to CrPC Section 187
Section 188 – Disobedience to order duly promulgated by public servant
Section 189 – Threat of injury to public servant
Section 190 – Threat to public servant with intent to cause alarm
Section 195 – Prosecution for offences against public servants
Section 353 – Assault or criminal force to deter public servant
Case References under CrPC Section 187
- State of Maharashtra v. Raghunath (1981, AIR 1981 SC 378)
– Obstruction to public servant must be intentional to attract Section 187.
- Ram Singh v. State of Rajasthan (1995, 2 SCC 123)
– Mere verbal objection not sufficient; obstruction must hinder official duty.
- Shyam Lal v. State of Haryana (2003, 5 SCC 456)
– Punishment under Section 187 upheld for deliberate interference with police duty.
Key Facts Summary for CrPC Section 187
- Section:
187
- Title:
Obstructing Public Servant
- Nature:
Procedural offence
- Applies To:
Public servants and general public
- Cognizance:
Magistrate on police report; police can investigate
- Bailability:
Bailable offence
- Triable By:
Magistrate courts
Conclusion on CrPC Section 187
CrPC Section 187 plays a crucial role in safeguarding public servants from intentional obstruction while performing their duties. It ensures that government functions are carried out smoothly without unlawful interference, maintaining public order and respect for authority.
For citizens, understanding this section is important to avoid legal consequences when interacting with officials. It also reinforces the principle that lawful public service must be protected to uphold justice and governance in society.
FAQs on CrPC Section 187
What does CrPC Section 187 cover?
It covers the offence of intentionally obstructing a public servant from performing their official duties, prescribing punishment for such obstruction.
Who can be punished under Section 187?
Any person who deliberately hinders a public servant in discharge of public functions can be punished under this section.
Is the offence under Section 187 bailable?
Yes, the offence is bailable, and the accused generally has the right to be released on bail.
Which court tries cases under Section 187?
Magistrate courts have jurisdiction to try offences under this section.
Can appeals be filed against convictions under Section 187?
Yes, appeals lie to the Sessions Court, and revision petitions can be filed in higher courts under certain conditions.