Necessity as a Defence under IPC
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- Topic
As per article 81 of The Indian Penal Code, 1860 nothing is an offense merely because of its being done with the knowledge that it is likely to cause harm if it is done without any criminal intention to cause harm, and in good faith to prevent or avoid other harm to person or property. An illustration provided under this section regarding running over a boat with lesser people.
Ques: What if the misfortune would have happened on the boat, due to which the captain had to lessen the weight of the boat, and he threw some passengers from the boat without giving any due notice but in a good faith; would he be defended under the same section?
- Replies
This section incorporates the doctrine of necessity. However, the situation given
includes the action against whom is taken isn’t the wrongdoer. It stresses three conditions to
claim exception from the criminal liability, i.e.
1. The act must have been committed to avoiding other harm.
2. The harm to be avoided must be such as to justify the risk of doing an act likely to
cause harm
3. The act must have been committed in good faith without any criminal intention to
cause harm.A situation like this was dealt in a case the United States v. Holmes, the court held that
“When the ship is in danger of sinking, but all sustenance is exhausted, and the sacrifice of
one person is necessary to appease the hunger of others, the selection is by lot” and was
found guilty of manslaughter but not of murder and sentenced to six months.
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