R v Foster
📌 Background of the Case
This is an English criminal law case decided by Sir Michael Foster, Judge of the King’s Bench.
It dealt with the law of homicide and the principles of self-defence and justifiable killing.
The case arose in the context of a seaman who killed another person during a pressing (forced recruitment into the Navy) situation.
📌 Legal Issue
👉 The central question was: Under what circumstances can a killing be considered excusable or justifiable, especially in cases of self-defence, necessity, or duty?
📌 Court’s Reasoning
Self-Defence Principle
A person may lawfully kill another if it is absolutely necessary for self-preservation.
However, the force used must be reasonable and proportionate to the threat.
Killing by Officers or Public Duty
If a public officer (or someone lawfully authorized) kills a person while carrying out a legal duty (like suppressing a riot, executing a lawful arrest, or resisting escape), it may be justifiable homicide.
Doctrine of Necessity
The Court discussed when killing may be excused by necessity (for example, saving one’s life).
But necessity cannot be used loosely; it is not a defence if there was a reasonable alternative to killing.
Application to Case
The Court upheld that killings done in strict self-defence or in the execution of lawful duty can be excused.
But if the act goes beyond necessity or is disproportionate, it becomes manslaughter or murder.
📌 Judgment
The ruling in R v Foster (1762) clarified that:
Self-defence is a lawful excuse, but only when the force is necessary and proportionate.
Justifiable homicide applies when killing occurs in the lawful exercise of public duty.
Necessity as a defence is very limited and must be strictly interpreted.
📌 Principle (Case Law Rule)
R v Foster (1762) established important principles of English criminal law:
Self-defence → lawful if force is necessary & proportionate.
Justifiable homicide → lawful killing in execution of duty.
Necessity defence → cannot be a general excuse unless the act is the only way to avoid grave harm.
✅ In short: This case laid early foundations for the doctrines of self-defence, necessity, and justifiable homicide, which later influenced modern criminal law in England and common law countries (including India).
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