Principle Nothing is an offence merely by reason of its being done with the knowledge that it i...........

Code of Criminal Procedure (CrPC) 1973 Others

Principle: 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 a person or property.

Facts: Mr. Sharman, 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 the risk of running down a boat C with only two passengers on board and which he may possibly clear.

Sharman has committed no offence because this was done out of necessity

Sharman can be held responsible for the act of criminal negligence

Sharman can be held responsible for culpable homicide

This is a clear case of accident so Sharman cannot be held responsible

Explanation:

Sharman acted on necessity in order to avoid a bigger harm and acted in good faith without any criminal intention, hence he has committed no offence.
Protected by the principle of necessity as given in the principle.
Hence, option 1 is the correct answer.