Section 81 IPC (necessity) provides a defence where the act is done to avoid 'OTHER HARM' to person or property. Which statement is MOST accurate?
ANecessity is recognised only when an emergency is declared by the State
BNecessity is a complete bar to prosecution in all cases
CThe act is not an offence if done without criminal intent to cause harm, in good faith, to avoid or prevent other harm to person or property, provided the harm prevented is greater
DNecessity applies only to medical professionals
Answer & Solution
Correct answer: C. The act is not an offence if done without criminal intent to cause harm, in good faith, to avoid or prevent other harm to person or property, provided the harm prevented is greater
Section 81 requires (i) no criminal intent to cause harm, (ii) good faith, (iii) purpose to prevent OTHER harm, (iv) the harm prevented exceeds the harm caused. Illustration: a ship's captain altering course to avoid drowning many passengers, knowing it may injure a few.
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