A great fire pulls down houses in order to prevent the conflagration from spreading. A did it in good faith, saving the life and property and avoiding greater harm. What offence, if any, is made out in this case? Give legal provision.

Question: A great fire pulls down houses in order to prevent the conflagration from spreading. A did it in good faith, saving the life and property and avoiding greater harm. What offence, if any, is made out in this case? Give legal provision. [U.P.A.PO. 1996]

Find the answer to the mains question only on Legal Bites. [A great fire pulls down houses in order to prevent the conflagration from spreading. A did it in good faith, saving the life and property and avoiding greater harm. What offence, if any, is made out in this case? Give legal provision.]

Answer

According to section 81 of the Indian Penal Code, an act is not an offence though the act is likely to cause harm if such an act was done is in good faith, without any criminal intention to cause harm and also to prevent other harm to a person or to any property.

The section is based on the maxim of ‘choice of evils’’. Following are the cases where necessity may be pleaded:

1. Self-defence and prevention of violence;
2. Prevention of harm to the accused at the expense of an innocent party
3. Choice of evils affecting persons other than the accused

In the present case, A pulls down houses to prevent the conflagration from spreading. A has done it without any criminal intention, in good faith to save the life and property and also to avoid greater harm. Thus, A has committed no offence; he is entitled to the protections under Section 81.

The relevant case here is of R v. Bostonvalad Futtekhan, ILR (1885) 7 All 626, A was a military sentry on duty in front of a building on fire with orders to keep the front clear and to allow no one without uniform to enter therein. The chief constable not in uniform attempted to force the sentry and in the farce, the sentry gave a severe kick to the chief constable. The kick was held justified as it was given in good faith for the purpose of preventing greater harm, i.e. spread of fire and looking of the house in the confusion.

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