Section 81 IPC: Act Likely to Cause Harm Done Without Criminal Intent
Section 81 of the Indian Penal Code, 1860 is a general exception dealing with an act done with knowledge that it is likely to cause harm, but without criminal intention to cause harm, where the act is done in good faith to prevent or avoid other harm to a person or property.
Section 81 of the Indian Penal Code, 1860
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.
Meaning and Scope of Section 81 IPC
Section 81 recognizes that an act may be performed despite knowledge that some harm is likely when the act is undertaken without a criminal intention to cause that harm and in good faith to prevent or avoid another harm. The provision therefore focuses on the purpose of the act, the absence of criminal intention, good faith, and the nature and imminence of the danger sought to be avoided.
The exception is not automatic merely because the accused claims to have chosen a lesser harm. The statutory explanation makes the justification or excuse dependent on the facts of the particular case. The court must consider whether the threatened harm was of such a nature and so imminent that taking the known risk was justified or excused.
Essential Requirements of Section 81 IPC
- The act is done with knowledge that it is likely to cause harm.
- There is no criminal intention to cause the harm.
- The act is done in good faith.
- The purpose is to prevent or avoid other harm to a person or property.
- The nature and imminence of the harm sought to be avoided must be sufficient, on the facts, to justify or excuse the risk undertaken.
Good Faith and Imminent Harm
Good faith is central to Section 81. The protection concerns conduct directed toward preventing or avoiding another harm rather than conduct motivated by a criminal purpose. The explanation further requires a factual assessment of the danger: its seriousness and imminence are relevant to deciding whether the risk of causing the likely harm was justified or excused.
Illustrations to Section 81 IPC
Illustration (a): Captain of a steam vessel
A, the captain of a steam vessel, suddenly, and without any fault or negligence on his part, finds himself 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 possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.
Illustration (b): Preventing the spread of a great fire
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 be 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.
Practical Effect of the Exception
Section 81 does not declare every harmful act done to avoid another harm lawful. Its application turns on the statutory conditions and the evidence. In particular, the absence of criminal intention, the existence of good faith, the preventive purpose, and the nature and imminence of the danger must be examined together.
For the surrounding provisions, see Section 80 IPC - Accident in doing a lawful act and Section 82 IPC - Act of a child under seven years of age.