Introduction

The doctrine of necessity is a legal defence that can be used in the Indian Penal Code to justify an act that would otherwise be considered a crime.

• Section 81 of the Indian Penal Code, 1860 (IPC) deals with this doctrine.

What is the Doctrine of Necessity?

• This is a common law doctrine and traces its roots back to the 13^th century from the writings of the medieval jurist Henry de Bracton, where he stated that which is otherwise not lawful is made lawful by necessity.
• The literal interpretation of this statement is that authority is allowed to take certain actions in a specific situation, which are normally prohibited by law.
• This doctrine was invoked in India in the landmark case of Gullapalli Nageswara Rao v. APSRTC (1958).

What are Legal Provisions in Relation to Doctrine of Necessity?

• The doctrine of necessity is contained in Section 81 of the IPC.
• This section is contained in Part IV of IPC and is a part of general exceptions.
• Section 81 deals with the act likely to cause harm, but done without criminal intent, and to prevent other harm. It states that -

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.

• Illustration - 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 is 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.

What is an Exception to Nemo Judex in causa Sua?

• This doctrine is an exception to the Latin maxim Nemo Judex in causa Sua which means that no one should be a judge in their own cause.
• According to this maxim, on the basis of bias, an authority is liable to be disqualified.