Penal Code · 2021 Revised Edition · Chapter IV · General Exceptions
Section 81
Official textFrom Attorney General's Chambers, unchanged
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it is 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 it was likely to cause harm.
Illustrations
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 vessels, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessels, 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
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Penal Code the danger to the passenger in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act 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.
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 an offence.
Chapter V
Abetment
Chapter VI
Chapter VII
Offences Relating to Army, Navy, Air Force and Police
Chapter VIII
Offences Against Public Tranquillity
Chapter IX
Chapter X
Contempts of Lawful Authority of Public Servants
Chapter XI
False Evidence and Offences Against Public Justice
Chapter
Offences Relating to Coin and Government Stamps
Chapter
Offences Relating to Weights and Measures
Chapter XIV
Offences Affecting Public Health, Safety, Convenience, Decency and Morals
Chapter XV
Offences Relating to Religion
Chapter XVI
Chapter XVII
Chapter XVIII
Offences Relating to Documents, False Documents and Currency Notes and Bank Notes
Chapter XIX
Criminal Breach of Contracts of Service
Chapter XX
Offences Relating to Marriage
Chapter XXI
Defamation
Chapter XXII
Criminal Intimidation, Insult and Annoyance
Chapter XXIII