Which one of the following statements is correct? Where a police constable fires upon a mob under the orders of his superior officer and thereby kills a person
Verified Answer
A. the constable is not liable because he had no intention to kill
B. the constable is not liable because he is permitted to fire and kill
C. the constable is not liable because he, in good faith believed himself to be bound by law to obey the orders of his superior officer
D. the constable is not liable because it was a mistake
Explanation:
This situation is covered by Section 76 of the IPC, which states that '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.' A police constable acting under the lawful orders of a superior officer, believing in good faith that he is bound by law to obey such orders, would be protected under this section.