Defence of necessity by Pratigya Darpe

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.

Example
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.

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

Leave a Reply

LexCliq

What Is A Maybach?

What wouldn’t it value to lease a Maybach? The important thing to understanding the monthly fee for a lease is to understand this: A lease elements within the resale worth of the automotive (the residual worth) at the top of the lease. With a automotive like a Maybach, 소액결제현금화 the residual value will hold up […]

Read More
LexCliq

Andorra Passes Its New Knowledge Safety Act

All persons have the best to liberty and safety and shall solely be deprived of them on such grounds and in accordance with such procedures as are established within the Constitution and the legal guidelines. Anyone with a authorized degree may join the Association of Finnish Lawyers. We have been more than happy with their […]

Read More
LexCliq

Sims On-line Is Back (Type Of) And Free

Well, here is a story that we did not expect we would be writing immediately: The Sims On-line is again. … Yeah, we’re as surprised as you might be. Apparently, a staff has been toiling deep inside the bowels of EA to convey The Sims On-line again to the former glory that each one 17 […]

Read More