Principle: An act done in good faith to prevent greater harm to person or property, without criminal intent, is not an offence (necessity). Facts: A ship's captain alters course suddenly to avoid colliding with another vessel and save many lives. The alteration damages a nearby buoy. The captain's legal position is
ALiable for the damaged buoy without any defence
BProtected by the defence of necessity under Section 81 IPC — the greater harm averted (loss of life) outweighs the lesser harm caused (a buoy)
CLiable only if the buoy belongs to a private party
DProtected only if the captain owned the ship
Answer & Solution
Correct answer: B. Protected by the defence of necessity under Section 81 IPC — the greater harm averted (loss of life) outweighs the lesser harm caused (a buoy)
Section 81 IPC: an act done without criminal intent and in good faith to prevent or avoid OTHER HARM to person or property is not an offence, provided the harm averted exceeds the harm caused. The captain's choice falls squarely within the rule.
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