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The doctrine of Necessity has been elaborately considered in the landmark decision of
R vs. Mc Nghten (1843) 8 Eng. Rep. 718
Basdev vs. State of PEPSU AIR 1956 SC 488
R vs. Dudley and Stephens (1884) 14 QBD 273
Bimbadar Pradhan vs. State of Orissa AIR 1956 sc 469
t was held that the shipwrecked sailors who killed the cabin boy for food were held guilty of murder, notwithstanding the finding of the jury that if the men had not fed upon the body of the boy, they probably would not have survived to be rescued and that the boy, being in a much weaker condition, was likely to have died .before. them. However, their punishment was reduced to 6 months imprisonment. In this case it was held as under: (i) Self preservation is not an absolute necessity (ii) No man has a right to take other's life to preserve his own liJ (iii) There is no necessity thatjustifies private homicide
By: Parvesh Mehta ProfileResourcesReport error
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