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Q. |
Give correct response. A, in a great fire, pulls down B’s house in order to prevent the conflagration from spreading. He does this without the intention, in good faith, to saving human life or property. In this case : |
A. | A would be liable because no amount of necessity can justify causing of harm to innocent parties. |
B. | A would be liable for causing harm day doing mischief to B and will not succeed in his defence of necessity. |
C. | A would not be liable because he had no intention to cause harm to B’s property but to save it from being damaged by fire. |
D. | A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil. |
Answer» D. A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil. |
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Indian Penal Code (IPC 1860)No comments yet