Correct option is D
A hangman who carries out executions as per a court's order is exempted from criminal liability under
Section 77 of the Indian Penal Code (IPC). This section provides immunity to judges and individuals executing orders passed by a judge from criminal prosecution when acting within the scope of their authority.
Section 77 IPC states:
"Nothing is an offense which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law." Furthermore, it extends immunity to individuals carrying out the lawful orders of the court, such as a hangman who executes a death sentence.
Information Booster:
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Section 77 IPC: This section is crucial for maintaining the judicial system's integrity, as it ensures that judges and those acting under their authority, like hangmen, can perform their duties without fear of criminal prosecution. It provides legal protection for actions carried out under judicial orders, emphasizing the lawfulness and necessity of such acts in upholding justice.
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Execution of Court Orders: When a death sentence is passed by a court, its execution must be carried out by authorized individuals, such as a hangman. Section 77 ensures that such executions, being lawful acts ordered by a competent court, do not attract criminal liability for the person performing them.
Additional Knowledge:
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Section 73 IPC: This section relates to the punishment of simple imprisonment in certain cases but is unrelated to the exemption of criminal liability for executing judicial orders.
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Section 76 IPC: This section deals with acts done by a person bound by law to act, believing themselves to be bound by law. While similar in principle to Section 77, it does not specifically address the exemption of criminal liability for executing a judicial order like a death sentence.
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Section 78 IPC: This section provides that an act done pursuant to the judgment or order of a court, even if the court may not have jurisdiction, does not constitute an offense provided the person acting did so in good faith. However, Section 77 is the more relevant provision concerning a hangman executing a death sentence under a lawful court order.
