IPC 81 — Act likely to cause harm, but done without criminal intent, and to prevent other harm

Indian Penal Code, 1860

Statutory text

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.
Illustrations (a) A,  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 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 any intention to  run down the boat C and in good faith for the purpose of avoiding the  danger to the passengers in the boat B, he is not guilty of an  offence, though he may run down the boat C by doing an which he knew was  likely to  cause that  effect, if it be found as a matter of fact that  the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from  spreading. He does this with the intention in good faith of  saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence.

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