Question

Which principle is applied when a person performs an act that might cause harm, but is done without criminal intent to prevent a greater harm?

• A. Accident
• B. Necessity
• C. Insanity
• D. Duress

Hint:

Necessity = Choosing the lesser evil to prevent a greater evil. Key requirements:

• No criminal intention.

• Good faith action.

• Aim is prevention of greater harm.
Example: Damaging property to prevent a large-scale fire from spreading.

Answer 1

The Correct Option is B

Concept: Criminal law recognizes certain general exceptions where an act that would ordinarily constitute an offence is excused because it is committed under exceptional circumstances. One such defence is the doctrine of Necessity, which permits a person to choose a lesser harm in order to avoid a greater harm.

Step 1: Understand the meaning of Necessity. The defence of Necessity is based on the principle that in extraordinary situations a person may be compelled to choose between two harmful alternatives. If the act is performed in good faith and without criminal intent to prevent a more serious injury, the law may excuse the conduct.

Step 2: Examine the statutory basis. Section 81 of the Indian Penal Code, 1860 (and corresponding provisions under the Bharatiya Nyaya Sanhita) states that an act likely to cause harm is not an offence if it is done without criminal intention and in good faith to prevent other harm.

Step 3: Distinguish Necessity from other defences.

• Accident: Involves an unintended consequence arising from a lawful act performed with due care.

• Insanity: Relates to mental incapacity that prevents understanding of the nature of the act.

• Duress: Involves committing an act under threat or coercion by another person.
Since the question refers to causing a lesser harm to avoid a greater harm without criminal intent, the applicable principle is Necessity. Therefore, Option (B) is correct.