CLAT Sample Paper CLAT Sample Paper-9

  • question_answer
    Principle Nothing which is done in pursuance of or which is warranted by the judgement or order of, a Court of Justice. If done whilst such judgement or order remains in force, is an offence not with standing the court may had no Jurisdiction to pass such judgement or order provided the person doing the act in good faith believes that the court had such jurisdiction.
    Facts An executioner who execute the death penalty is protected from criminimal liability.

    A)  Yes, according to Section 78 of IPC

    B)  No, it is crime

    C)  He is liable for murder

    D)  None of the above

    Correct Answer: A

    Solution :

    According to Section 78 of the Indian Penal Code, 1860, an executioner, who executes the death penalty is protected from criminal liability, provided the person doing the act in good faith believes that the court had such jurisdiction, secondly the act done is in pursuance of a judgement or order of, a court of justice.


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