PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely 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 a person or property.
FACTS: Mr. Shaman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast 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 be possibly clear. Whether Sharman has committed an offence?
PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely 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 a person or property.
FACTS: Mr. Shaman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast 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 be possibly clear. Whether Sharman has committed an offence?
The correct option is A Sharman has committed no offence because this was done out of necessity
Shaman has committed no offence since he ran down Boat C and killed 2 passengers on boat C in order to save greater harm by not running down Boat B with twenty or thirty passengers on board. It was done bona fidely and for the purpose of preventing or avoiding other harm to a person or property.
Shaman has committed no offence since he ran down Boat C and killed 2 passengers on boat C in order to save greater harm by not running down Boat B with twenty or thirty passengers on board. It was done bona fidely and for the purpose of preventing or avoiding other harm to a person or property.
