Kanny Saha

Remits of the defence of “following superior orders”

The objective of this piece is to explore the extent to which section 76 of the Penal Code, 1860, can protect individuals who merely follow the orders of their superior and apparently have no independence in their decision-making powers, the challenges associated with prosecuting them, and similar provisions from other jurisdictions.

4m ago
September 20, 2024
September 20, 2024

Remits of the defence of “following superior orders”

The objective of this piece is to explore the extent to which section 76 of the Penal Code, 1860, can protect individuals who merely follow the orders of their superior and apparently have no independence in their decision-making powers, the challenges associated with prosecuting them, and similar provisions from other jurisdictions.