IPC Section 81
⚖️ IPC Section 81 – Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm
Text of Section 81:
"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.
✅ Key Elements:
Knowledge of harm: The person knows their action may cause harm.
No criminal intent: The act is not done with criminal intent.
Done in good faith: The action is taken honestly, trying to prevent a greater harm.
To prevent greater harm: The purpose is to avoid more serious damage or injury.
🔍 Illustration (from the Code):
A person, in order to stop a fire from spreading to a village, blows up a house to create a firebreak.
Even though this act causes damage, if it was done in good faith to prevent a major disaster, it is not an offence under Section 81.
⚖️ Use in Defense:
Section 81 can be used as a defense in court when a person:
Did something risky or harmful,
But had no bad intent, and
Was trying to prevent a worse outcome.
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