Question

LEGAL PRINCIPLE: Nothing is an offence, which is done by any person who is, or who by reason of mistake of fact, in good faith, believes himself to be bound by law to do it.
FACTUAL SITUATION: A, soldier fires on a mob by the order of his superior officer, in conformity with the commands of the law. B is killed due to such firing, Is A guilty or murder?
DECISION will be _____.

• A. Yest, he should have taken care avoid any innocent person from being killed
• B. No, he is bound by law to do it
• C. Yes, as he has killed a person
• D. The superior officer is guilty

Answer 1

Answer: (B)

No, he is bound by law to do it

A is not guilty of murder as he was bound to do it as per the orders were given to him by his superiors. He is bound by law to follow the orders of his superiors, therefore, according to the principle, any act was done by a person who is bound by law or believes himself to be bound by law to do it, is not an offence.

Hence, a mere reading of Facts wit Principle makes it clear that A is not guilty of murder as he was bound by the law to do it.