Discuss the criminal law relating to 'necessity' as a ground of excuse from criminal liability.

Question: Discuss the criminal law relating to 'necessity' as a ground of excuse from criminal liability. [UPJS 2023]

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Answer

Section 81 of the Indian Penal Code embodies the doctrine of necessity, It states that 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, normally greater harm, to person or property.

The doctrine of necessity is a legal principle that allows individuals to act in ways that would normally be illegal or unethical in order to protect the greater good or prevent greater harm from occurring. This doctrine is based on the idea that in certain situations, the need to prevent greater harm or protect a greater good can justify actions that might otherwise be considered unlawful or immoral.

The doctrine of necessity is often invoked in situations of emergency or crisis, where there is a need to act quickly and decisively in order to prevent greater harm from occurring. It is also used to justify actions taken by individuals who are trying to protect themselves or others from harm.

The doctrine of necessity is not a blanket defense that can be used to justify any action taken under the guise of preventing greater harm. It must be shown that the actions taken were necessary and that there was no other reasonable way to prevent the harm from occurring. The doctrine of necessity is typically only used in exceptional circumstances and is not intended to be used as a regular excuse for breaking the law.

Section 81 of the Indian Penal Code -

Act likely to cause harm, but done without criminal intent, and to prevent other harm —

As per Section 80 of the IPC,

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.

Explanation —

It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

R v Dudley and Stephens, (1884) 14 QBD 273, is a famous English legal case that involved the doctrine of necessity. The case involved four men who were shipwrecked and stranded on a lifeboat in the middle of the ocean. After several days without food and water, the men decided to kill and eat one of their comrades (Young Boy) in order to survive. They were eventually rescued by a passing ship and charged with murder.

During the trial, the defendants argued that they were justified in killing and eating their comrade because it was necessary to save their own lives. They argued that the doctrine of necessity applied in their case, as they were facing a situation of extreme necessity and had no other reasonable means of survival. The court rejected this argument and found the defendants guilty of murder. The judge stated that the doctrine of necessity could not be used to justify the killing of another person, even in a situation of extreme necessity. The defendants were sentenced to death, but the sentence was later commuted to six months in prison.

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