Obstruction Under Section 186 IPC: Supreme Court Clarifies Scope and Procedure

In the case of Devendra Kumar v. State (NCT of Delhi) & Anr., the Supreme Court of India has clarified the scope of “obstruction” under Section 186 IPC and the procedure for taking cognizance of such offenses. The Court held that “obstruction” is not limited to physical force and can include threats, intimidation, or humiliation that prevents a public servant from discharging their duties. The Court also emphasized that while the allegations against the petitioner (a SHO) prima facie constituted obstruction, the Magistrate erred in directing police investigation under Section 156(3) CrPC instead of directly taking cognizance based on the complaint. The Court reaffirmed the mandatory bar under Section 195 CrPC, which requires a complaint from the concerned public servant or their superior for offenses under Section 186 IPC.