Live-Streaming Of Police Actions Would Not Constitute Obstruction In Discharge Of Public Function: Himachal Pradesh High Court

“Mere protest or use of intemperate language, without any overt act, would not amount to the criminal offence of obstructing an official in the discharge of public functions.”

A bench comprising Justice Sandeep Sharma while deciding the matter observed:

"Precise allegation in the case at hand against the petitioner is that he went live on Facebook and made certain comments, but certainly, such act, if any, of him, cannot be considered obstruction, if any, caused by the petitioner."

The case involved Sita Ram Sharma, a driver, who was asked by traffic police to show vehicle documents. Instead of complying, Sharma allegedly misbehaved and went live on Facebook, making various comments. Subsequently, he was charged under Section 186 of the Indian Penal Code (IPC) for obstructing public servants in their duties.

Advocate Neeraj Sharma, who represented the petitioner argued that the petitioner did not misbehave or obstruct the police from performing their duties. However, the state argued that his act of live-streaming itself constituted obstruction.

The Court clarified that actions involving a display of force, threats, or any behaviour that effectively prevents a public servant from performing their duties qualify as 'obstruction'. The court observed,

“any action accompanied by either show of force or threat or having the effect of obstructing the public servant from carrying out his duty, would constitute 'obstruction' for the purpose of Section 186 of the Indian Penal Code.”

The Court further held that the petitioner's comments on Facebook did not suggest any effort to hinder the police from carrying out their responsibilities. Making that observation, Justice Sharma remarked:

"There is nothing on record to suggest that the petitioner stopped Police from challaning him, rather police, after having noticed certain discrepancies, challaned him under Sections 177 and 179 of the Act.

The High Court concluded that no case under Section 186 of the IPC was established against the petitioner, therefore, quashing the proceedings and acquitting the accused of the charges framed against him.

Case Title: Sita Ram Sharma Vs State of HP

Citation: 2024 LiveLaw (HP) 33

Click Here To Read/Download Judgment