Question

 'A', a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Work done by 'A° comes under which General Exception of Indian Penal Code, 1860?

A Act done by a person believing himself bound by law. Correct Answer Incorrect Answer
B Act done by a person believing himself justified by law. Correct Answer Incorrect Answer
C Accident in doing a lawful act. Correct Answer Incorrect Answer
D Act likely to cause harm, but done without criminal intent. Correct Answer Incorrect Answer

Solution

This situation pertains to Section 76 of IPC Act done by a person bound, or by mistake of fact believing himself bound, by law—Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 

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