Question

LEGAL PRINCIPLE:
(1) An act done, even if without the consent of a person is not an offence, provided the offender did not intend to cause death, and the act was done for the person's benefit, in good health.
(2) Mere precuniary benefit is not a 'thing done for a person's benefit'.
FACTUAL SITUATION:

A is in a house, which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child but intending to save him from the fire. Unfortunately, the child is killed. Is A guilty?
DECISION will be ______.

• A. Yes, A had knowledge of his dangerous act. His act was not justified
• B. Yes, A should have tried a less dangerous alternative
• C. No, his act was done in good faith to save the child
• D. No, he had the best of intentions and this was the only alternative

Answer 1

Answer: (C)

No, his act was done in good faith to save the child

A is not guilty of killing Z as his act was done in good faith and to save the child. The Principle states that an act done even without the consent of a person is not an offence if done in good faith and for the benefit of the other person.

here, A dropped Z out of the house in order to save it from the fire and not to kill him. therefore, a direct application of Principle to the Facts yield the correct option as C.