Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation
It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
(b) A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act. A is not guilty of the offence.
IPC Section 81: Simplified Explanation
IPC Section 81 of the Indian Penal Code (IPC) articulates a defence of necessity, exempting individuals from criminal liability for acts done to prevent more significant harm, even if such acts may cause damage. This section is grounded in the principle that actions taken in good faith, without criminal intent to cause harm and to prevent or avoid other harm, are not offences, even if the actor knows their actions are likely to cause harm.
Critical Aspects of IPC Section 81
- Act Done to Prevent Greater Harm: This provision applies when an act is performed with the knowledge that it might cause harm but is done in good faith to prevent or avoid more significant damage to a person or property.
- Absence of Criminal Intent: The individual performing the act must not have any criminal intent to cause harm. The intention behind the act is crucial; it must prevent more significant damage, underscoring the defence of necessity.
- Good Faith: The act must be done in good faith, highlighting the importance of the actor’s belief that their actions were necessary to avoid a worse outcome.
- Evaluation of Harm: A critical component of applying this section is assessing whether the harm intended to be prevented or avoided was of such a nature and so imminent as to justify the risk taken by doing the act. This evaluation is a matter of fact, determined by the circumstances of each case.
Illustrations and Application
- Illustration (a) explains a situation where a ship captain must make a quick decision to avoid an enormous disaster (running down a boat with many passengers) by taking an action that has its risks (potentially running down another ship with fewer passengers). The captain’s action, taken without the intention to harm and to prevent more significant harm, is not considered an offence under Section 81, provided that the decision was made in good faith and with the belief that it was necessary to avoid a greater danger.
- Illustration (b) depicts a scenario where, during a fire, an individual decides to pull down houses to stop the fire from spreading, potentially saving many lives and more property. Even if this act causes harm (destruction of property), it is done to prevent more significant harm (the spread of fire) and, thus, does not constitute an offence, assuming it was done in good faith and with the understanding that the action was necessary under the circumstances.
