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A soldier fires on a mob by the order of his superior officer in conformity with the command of law. The soldier has committed:
Offence within Section 76 of IPC
No offence within Section 76 of IPC
No offence within Section 80 of IPC
None of the above
- Section 76 of IPC 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.
- In this case, the soldier fires upon the mob by the order of his superior officer and in conformity with the law.
- Option 1 (Offence within Section 76 of IPC): This is not correct because Section 76 acts as a defence and says it is not an offence if the act is done under the compulsion of law.
- Option 2 (No offence within Section 76 of IPC): This is correct. The soldier commits no offence under Section 76 as he acts under the law's command.
- Option 3 (No offence within Section 80 of IPC): Section 80 deals with accidents in doing a lawful act, which is not directly relevant here.
- Option 4 (None of the above): Incorrect as Option 2 is correct.
The correct answer is:
Option 2: No offence within Section 76 of IPC
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