Necessitas non habEt legem

Indrajith Sunilkumar
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  An act done with the knowledge but without any criminal
intention is not considered as an offence.
 If the person, doing an act in good faith to prevent or
General avoid greater harm, then it is not said to be an offence.

conditions of  There are various General defences available to the

person.
liability  Necessity is criminal as well as a civil offence. But in
reality, it is not an offence it is considered as a defense. In
order to prevent greater harmless harm is permitted.
  Necessitas non habet legem is an age-old maxim which means
necessity knows no law
 A maxim meaning that the violation of a law may be excused
by necessity.

Meaning  It is a defence, defined under section 81 in Indian Penal Code

as:
 “Act likely to cause harm, but done without criminal intent,
and to prevent other harm’’.
  It is a Latin phrase which means Necessities has no law.
 It is a defence under law of tort also, defined under General
Defences.
Meaning  The burden of proof lies on the accused.
  Public necessity pertains to action taken by public authorities or
private individuals to avert a public calamity.
Types of  Example - destruction of private property to prevent the spread
necessity of fire or disease and to avert an injury to the public at large.
 Public necessity serves as an absolute defence.
  Private Necessity arises from self interest rather than from a
community at large.
 It takes place when the defendant wants to protect his own
Types of interest. It does not serve as an absolute defence unlike in the
case of public necessity.
necessity  The principle governing it, is “necessitas inducit privilegium
quod jura private”, meaning ‘Necessity induces a privilege
because of a private right’.
  Surocco v Geary
 A ship which had run into difficulties found it necessary to

Case law discharge her cargo of oil, thereby polluting beaches which
belong to the plaintiff.
 Defence of necessity has been given.
Thank You