IPC Section 111
IPC Section 111 – Definition
Section 111 of the Indian Penal Code (IPC) deals with the concept of “Abetment of a thing by the command of a superior”. It primarily explains situations where a person commits an offense because they were ordered or commanded by a public servant or superior.
Exact Wording of IPC Section 111:
“Abetment of a thing by the command of the Government or of a superior officer: Whoever does an act which constitutes an offence, in obedience to the command of the Government or of a superior officer, shall, in the absence of any specific law to the contrary, be deemed not to have committed an offence, if he was bound by law to obey such command.”
Key Points of Section 111
Command of Government or Superior Officer:
The section applies when a person commits an act because it was commanded by the Government or a lawful superior.
Example: A soldier or police officer following an order from their superior officer.
Obedience to Lawful Orders:
The obedience must be lawful. If the command is illegal, this section may not provide protection.
The person is bound by law to follow the command.
No Specific Law Against It:
If there’s no other law that penalizes the act, the person will not be treated as committing a crime.
This is a protective or exception clause, meaning it gives immunity in certain cases.
Purpose of the Section:
To ensure that people who act under lawful orders are not unfairly punished.
This is particularly relevant for government employees, police, and military personnel who often act under superior instructions.
Example Scenarios
Police Action:
A police officer is ordered to arrest a person by a magistrate.
If the officer follows the order, even if the person is later found innocent, the officer is not liable under IPC for wrongful arrest, provided the officer acted in good faith and under the order.
Military Orders:
A soldier following lawful military commands during a wartime operation.
The soldier will not be punished under IPC for acts committed under these orders, unless the act is clearly illegal (like targeting civilians deliberately).
Important Considerations
Section 111 does not legalize all acts under command.
If a command is unlawful or violates specific laws, obedience may not be a defense.
It’s mainly applicable to people legally required to follow orders, like government employees.
This section works with the principle of abetment, meaning if someone instigates or commands another, liability is assessed carefully.
In simple words:
“If you commit an act because your government or lawful superior told you to, and the law requires you to obey them, then you generally won’t be punished for that act, unless a specific law says otherwise.”
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