Correct option is B
Section 78 of the Indian Penal Code, 1860 exempts a hangman, who hangs the prisoner pursuant to the order of the Court, from criminal liability. This section states that nothing which is done in pursuance of, or which is warranted by the judgment or order of a Court of Justice, if done whilst such judgment or order remains in force, is an offense, notwithstanding the court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
Information Booster:
1.
Section 78: Provides immunity to individuals acting under the authority of a Court order, including hangmen executing a death sentence.
2.
Legal Authority: Actions taken pursuant to a lawful order of the Court are not considered offenses.
3.
Good Faith Belief: The exemption applies even if the Court lacked jurisdiction, as long as the person acted in good faith believing the court had jurisdiction.
4.
Judicial Protection: Ensures that those carrying out judicial orders are protected from criminal liability.
5.
Execution of Sentences: Specifically relevant to individuals like hangmen, police officers, and other officials executing Court orders.
6.
Legal Framework: Supports the functioning of the judicial system by providing legal cover for actions taken under its authority.
Additional Information:
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Section 79 (a): Deals with acts done by a person justified, or by mistake of fact believing himself justified, by law.
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Section 77 (c): Exempts Judges from criminal liability for acts done judicially within their jurisdiction.
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Section 76 (d): Exempts acts done by a person bound by law to do it or by mistake of fact believing himself bound by law to do it.
