Principle: Mistake of fact is a defense under Section 76 IPC if the person was bound by law or believed in good faith by reason of mistake of fact to be bound by law.
Facts: A soldier fires on a mob under the lawful order of his superior officer in conformity with the law. Did the soldier commit an offense?
Answer and explanation
Correct answer: A. No, the soldier was bound by law to obey the lawful command of his superior
- Step 1: Consult Section 76 IPC and illustration (a).
- Step 2: 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.
- Step 3: Obeying a lawful military command during riot dispersal is protected.
Answer
No, the soldier was bound by law to obey the lawful command of his superior.
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