45
CAP. 224
Penal Code
2008 Ed.
matter of fact that the danger which he intended to avoid was such as to
excuse him in incurring the risk of running down the boat C.
(b) 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.
(c) X, the commander of a naval vessel, is deployed in response to a threat of a
terrorist attack against a ferry terminal in Singapore. X receives
information that vessel A, with a crew of 6, has been hijacked by
terrorists and is approaching the ferry terminal at great speed and is likely
to collide into the terminal. There is insufficient time to evacuate the
persons at the terminal, which is estimated to be about 100. X orders
vessel A to stop her manoeuvre immediately and fires a warning signal.
However, vessel A continues her advance towards the terminal. Here, if X
gives an order to fire at vessel A to disable it, without any intention to
cause harm to the crew members of vessel A, and in good faith for the
purpose of avoiding the danger to the persons at the terminal, he is not
guilty of an offence. This is so even though he knows that he is likely to
cause harm to the crew members of vessel A, if it be found as a matter of
fact that the danger which X intends to avoid is such as to excuse him in
incurring the risk of firing at vessel A.
[51/2007]
[Indian PC 1860, s. 81]
Act of a child under 7 years of age
82. Nothing is an offence which is done by a child under 7 years of
age.
[Indian PC 1860, s. 82]
Act of a child above 7 and under 12 years of age, who has not
sufficient maturity of understanding
83. Nothing is an offence which is done by a child above 7 years of
age and under 12, who has not attained sufficient maturity of
understanding to judge of the nature and consequence of his conduct
on that occasion.
[Indian PC 1860, s. 83]
Informal Consolidation – version in force from 1/4/2015
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