Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 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 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 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 the boat 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.