Facts of the Case
- A mob had gathered, likely creating a situation of danger, violence, or public disorder.
- A Police Officer, under service duty, was present to control the mob.
- The superior officer issued an order directing the Police Officer to fire at the mob to disperse it or control the situation.
- The Police Officer fired at the mob in compliance with this order.
- As a consequence of firing, one person from the mob died.
- The question arises: Is the Police Officer guilty of murder for causing the death?
Issues in the Case
- Whether firing done under the command of a superior officer can amount to murder?
- Whether the Police Officer can claim protection under good faith or lawful authority?
- Whether Section 76 or Section 79 IPC applies to exempt him from criminal liability?
- Whether the officer exceeded his authority or acted maliciously?
- Whether the death amounts to murder under Section 300 IPC or is protected under exceptions?
Legal Principles Covered to Support the Case and Judgment
A. Section 76 IPC – Act done by a person bound by law
This section states:
“Nothing is an offence which is done by a person who is bound by law to do it.”
A Police Officer is bound by law to obey lawful orders of superiors during duty, especially in situations of public disorder.
B. Section 79 IPC – Act done by a person justified or believing himself justified by law
If a person acts:
- Under a mistake of fact, and
- Believes in good faith that he is justified by law,
then the act is not an offence.
A Police Officer firing upon lawful orders of a superior reasonably believes the act to be justified by law.
C. Legal Protection for Police Acting Under Orders
- Police Officers are legally empowered to use force, even deadly force, under CrPC Sections 46, 129, 130, 131, when dispersing unlawful assemblies or protecting life and property.
- Firing on orders of a competent superior is considered a lawful exercise of power, provided it is not excessive or malicious.
D. Absence of Mens Rea
Murder requires:
- Intention to kill, or
- Knowledge of causing death with certainty.
Here:
- The Police Officer’s intention was not to kill, but to follow lawful orders to control a mob.
- There is no personal malice toward the victim.
Thus, mens rea is absent.
E. Case Law Support
- State of Haryana v. Bhajan Lal (1992) – Police officers get protection when acting in good faith under lawful duty.
- Public Prosecutor v. T. Varaprasad (AP HC) – Police firing on superior orders and in good faith does not amount to murder.
- Om Prakash v. State of Jharkhand (2012 SC) – Police acting in discharge of duty get statutory protection unless there is mala fide action.
Possible Judgment
A. Whether the Police Officer is Punishable for Murder?
No. The Police Officer is NOT liable for murder, because:
- He acted under the lawful command of his superior officer.
- He acted in good faith, believing he was carrying out his duty.
- He had no intention to kill (lack of mens rea).
- The act falls under protection of Section 76 and Section 79 IPC.
- Police are legally empowered to use necessary force to disperse mobs.
Thus, the Police Officer is protected and cannot be charged under Section 302 IPC.
B. When Could the Officer Be Liable?
Only if:
- The order was clearly illegal,
- The officer used excessive force, or
- He acted with malicious intention.
No such facts are present in this case.
Final Conclusion
The Police Officer is NOT punishable for murder because he acted:
- In the lawful discharge of his duty,
- Under a superior’s command,
- In good faith,
- Without any malicious intent.
He is therefore protected under Sections 76 and 79 IPC, and the death does not amount to murder.
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