If a soldier fires on a mob by the order of his superior officer, in conformity with the law". According to the Bharatiya Nyaya Sanhita, 2023, has he committed an offence?
Show answer & explanation
Correct answer: D
Explanation
The correct answer is Option 4: No, because he believed in good faith that he was bound by law.
Detailed Analysis & SolutionThis scenario is a classic example of "General Exceptions" under the Indian penal laws. While this was previously covered under Section 76 of the Indian Penal Code (IPC), it is now addressed under the Bharatiya Nyaya Sanhita (BNS), 2023.
Section 14 of BNS, 2023: This section states that "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."
The Soldier's Protection: The illustration provided in the law specifically mentions that a soldier firing on a mob by the order of his superior officer, in conformity with the commands of the law, has committed no offence.
The "Good Faith" Requirement: The act must be done in good faith, meaning with due care and attention, and under the belief that the person is legally obligated to perform the act.
Potential Competition QuestionsQ1. Under the BNS 2023, a mistake of ________ is a valid defense, but a mistake of ________ is not.
Answer: Fact, Law
Q2. The Bharatiya Nyaya Sanhita (BNS) officially replaced the IPC on which date?
Answer: July 1, 2024