Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: Nothing is an offense which is done by any person who is, or who by reason of a 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 of murder? DECISION:

Options

• Yes, he should have taken cars to avoid any innocent person from being killed.

• No, he is bound by law to do it.

• Yes, as he has killed a person.

• The superior officer is guilty.

Answer 1

No, he is bound by law to do it.