The word ‘illegal’ in the section has been given a very wide meaning. It consists of three ingredients: (a) everything which is an offence;
(b) everything which is prohibited by law and
(c) everything which furnishes ground for civil action.
The phrase “legally bound” does not always refer to statutory law or legislation passed by an elected body. A person is defined as being legally compelled to perform anything that it is unlawful for him to omit in Section 43 of the Indian Penal Code of 1860. The Apex Court held in Sudhir Shantilal Mehta v. CBI, (2009) 8 SCC, that the phrase “legally bound to do” carries a very broad meaning when any basis for a civil action can be founded on the basis of any act or omission on the part of a person, his act may be held to be illegal or it may be held that he was legally bound to do an act which he had failed to perform. If you want to be a judicial officer and are looking for RJS coaching, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
