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 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 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 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.
Section 76 Act done by a person bound, or by mistake of fact believing himself bound, by law
Section 77 Act of Judge when acting judicially
Section 78 Act done pursuant to the judgment or order of Court
Section 79 Act done by a person justified, or by mistake of fact believing himself justified, by law
Section 80 Accident in doing a lawful act
Section 81 Act likely to cause harm, but done without criminal intent, and to prevent other harm
Section 82 Act of a child under seven years of age
Section 83 Act of a child above seven and under twelve of immature understanding
Section 84 Act of a person of unsound mind
Section 85 Act of a person incapable of judgment by reason of intoxication caused against his will
Section 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated
Section 88 Act not intended to cause death, done by consent in good faith for person's benefit
Section 90 Consent known to be given under fear or misconception