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A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of
Section 76 of IPC
Section 80 of IPC
Section 77 of IPC
Section 78 of IPC
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 offence notwithstanding the court may have had no jurisdiction to pass such 'judrnent or order, provided the person doing the act in good faith believes that the court had such jurisdiction ('Section. 78, iPC).
Thus section 78 grants immunity to ministerial officers acting in pursuance of the judgment or direction' issued under the authority or order of a court oflaw. Under this section:
(i) an officer is exempted from criminal prosecution provided the act is done in good faith.
(ii) belief in the legality of the order." If the above conditions are satisfied, an officer will not be liable for prosecution even if the court issuing..the order had no jurisdiction or the order happened to be erroneous.
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