Question

The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it is done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, 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 the risk of running down a boat C with only two passengers on board and which he may possibly clear.

Options

• Sharman has committed no offense because this was done out of necessity

• Sharman can be held responsible for the act of criminal negligence

• Sharman can be held responsible for culpable homicide

• This is a clear case of accident so Sharman cannot be held responsible

Answer 1

Sharman has committed no offense because this was done out of necessity

Explanation:

The above-noted problem based on the Illustration of section 81 of IPC 1860 which provides Necessity is one of the general defences which exonerate from criminal liability.