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

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 Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast 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. Whether Sharman has committed an offence?

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:

The facts are insufficient in the given question. We do not know the final course of action taken by Mr. Sharman at the end. Assuming that he ran down the boat with only two passengers aboard, "A" would be the most appropriate answer. The act of killing two passengers on boat C would result from the necessity of saving more lives which is exactly what the principle provides.