Indian Penal Code,1860
Act No : 45
Section :
Act likely to cause harm, but done without criminal intent, and toprevent other harm.
81. Act likely to cause harm, but done without criminal intent,and to prevent other harm.--Nothing is an offence merely by reason ofits being done with the knowledge that it is likely to cause harm, ifit be done without any criminal intention to cause harm, and in goodfaith for the purpose of preventing or avoiding other harm to personor property. Explanation.-It is a question of fact in such a case whether theharm to be prevented or avoided was of such a nature and so imminentas to justify or excuse the risk of doing the act with the knowledgethat it was likely to cause harm. Illustrations (a) A, the captain of a steam vessel, suddenly and without anyfault or negligence on his part, finds himself in such a positionthat, before he can stop his vessel, he must inevitably run down aboat B, with twenty or thirty passengers on board, unless he changesthe course of his vessel, and that, by changing his course, he mustincur risk of running down a boat C with only two passengers on board,which he may possibly clear. Here, if A alters his course without anyintention to run down the boat C and in good faith for the purpose ofavoiding the danger to the passengers in the boat B, he is not guiltyof an offence, though he may run down the boat C by doing an which heknew was likely to cause that effect, if it be found as a matter offact that the danger which he intended to avoid was such as to excusehim in incurring the risk of running down C. (b) A, in a great fire, pulls down houses in order to prevent theconflagration from spreading. He does this with the intention in goodfaith of saving human life or property. Here, if it be found that theharm to be prevented was of such a nature and so imminent as to excuseA's act, A is not guilty of the offence.115
