Question

Necessity is a good defence, even if it is done

• A. intentionally
• B. knowingly
• C. deliberately
• D. without due care and caution

Hint:

In the defence of necessity, the harm caused must be lesser than the harm averted, and there must be no criminal intention. The actor's motive is to save, not to harm.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question explores the mental element involved in the defence of necessity under Section 81 of the IPC. It asks if the defence is still available even if the act causing harm was done with a certain state of mind.

Step 2: Key Concepts and Approach:
The defence of necessity (Section 81 IPC) allows a person to cause a smaller harm to prevent a greater, imminent harm. The act must be done in good faith and without any criminal intention to cause harm.
Section 81 states: "Nothing is an offence merely by reason of its 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."

Step 3: Detailed Explanation:

• The Core of the Defence: The essence of necessity is making a choice between two evils. The person choosing is often fully aware that their action will cause some harm. For example, a person may pull down a house (causing property damage) to prevent a fire from spreading to an entire neighborhood. They *know* they are causing harm.

• Knowledge vs. Intention: The law distinguishes between "knowledge" and "intention." - Intention: The purpose or design is to cause the harm. The defence of necessity requires the *absence* of criminal intention.
- Knowledge: The person is aware that harm is a likely consequence, but their purpose is not to cause that harm, but to avert a greater one. Section 81 explicitly allows the defence even if the act is done with such knowledge.

• Analyzing the Options:
- (B) "knowingly" is explicitly permitted by the wording of Section 81.
- (A) "intentionally" and (C) "deliberately" would negate the defence, as it requires the absence of a criminal intention.
- (D) "without due care and caution" is also incorrect; the act must be done in "good faith," which is defined in Section 52 as an act done with due care and attention.

Step 4: Final Answer:
The defence of necessity is available even if the act is done with the knowledge that it is likely to cause harm, provided it is done without criminal intention and in good faith to prevent a greater harm.