Defence of necessity
Defence of necessity is given in section 81 in IPC Indian penal code 1860
Section 81 Act likely to cause harm , but done without criminal intent , and to prevent other harm
This section says nothing is an offence by reason of it being done with the knowledge that it is likely to cause harm if it 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.
This means if a person commits offence just to save the other person from it or to save the other from a big danger so this remedy is is used as defence is called defence of necessity
If a offence is done just to avoiding the big danger or big harm then the offence is is not a offence it’s just an act in a good faith.
A is a big ship Captain and suddenly a situation came in front of him that the ship bump down a ship with 30 passengers or the second choice is that the ship bumped down the another boat which have only four passengers in this condition the ship is definitely bumped down one ship so he decided to to take a risk with the 4 passenger and save the 30 passengers of the boat because in this case he save 30 passengers and take risk with the 4 passenger just in good faith to avoiding a very big danger not having intention to harm that four passengers but just to save the 30 passangers over 4 passengers .
In this case defence of necessity , apply.
Another example – There has been a flood in a village . In such a situation, people broke a wall and let all the water into a field, which damaged the crop, but the whole village is safe from a very big danger .Here the defence of necessity works.
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Defence of necessity by Pratigya Darpe
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