Correct option is A
The correct answer is (a) Both (A) and (R) are true and (R) is the correct explanation of (A). According to the Indian Penal Code, Section 76, acts done by a person bound or by mistake of fact believing himself bound by law are not offenses. When 'A', a soldier, acts under the lawful orders of a superior officer, he is fulfilling his duty as mandated by law. Therefore, his actions are protected under this provision, and he has committed no offense.
Explanation:
· Section 76 of IPC: This Section provides immunity from criminal liability for actions performed by a person under a misconception of fact or law, believing himself to be bound by law.
· Legal Orders: Soldiers and law enforcement officers are required to follow lawful orders, and when they do so, their actions are considered lawful.
· Conformity with Law: Actions performed in good faith under legal orders are protected to ensure that personnel can perform their duties without fear of legal repercussions.
· Justification: The reason (R) correctly explains the assertion (A) because it provides the legal basis for the protection.
· Bound by Law: The concept of being 'bound by law' is crucial in determining whether an action, otherwise illegal, is justified under the IPC.
· Exceptions: The protection does not extend to unlawful orders or actions performed with malintent.
Information Booster:
· Section 76 IPC: Acts done by a person bound, or by mistake of fact believing himself bound, by law, are not offenses.
· Superior Orders Defence: Often invoked by military and law enforcement personnel to justify actions taken under orders.
· Section 79 IPC: Acts done by a person justified, or by mistake of fact believing himself justified, by law, are also not offenses.
· Good Faith Requirement: Actions must be performed in good faith under the belief of legal obligation to claim immunity.
· Distinction from Unlawful Orders: Orders must be lawful; following unlawful orders may not provide protection.
· Jurisprudence: Indian Courts have consistently upheld the protection for lawful actions performed under superior orders.
· Good Faith: A crucial element in these provisions, requiring the belief in the legality of the action to be honest and reasonable.
