Judicial Acts & Accidental Harm
- s.76: An act done by a person (e.g., a soldier) who, by reason of a mistake of fact in good faith, believes himself bound by law to do it (e.g., obeying a superior's lawful order) — no offence.
- s.80 (Accident): Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge, in the doing of a lawful act, in a lawful manner, by lawful means, with proper care and caution. Illustration: Akram's hatchet-head flies off and kills a bystander — if there was no want of proper caution, the act is excusable, not an offence.
- s.81 (Act to prevent other harm): Nothing is an offence merely because it is done with knowledge that it is likely to cause harm, if done without criminal intention and in good faith for the purpose of preventing or avoiding other harm to person or property. The motive must be prevention of harm to person or property.
- s.93 (Communication in good faith): A surgeon who, in good faith, tells a patient he cannot live, and the patient dies of shock — no offence, even though the surgeon knew the communication might cause death.
- Necessity examples: A person pulling down houses in a fire in good faith to save life/property, or pulling down houses in a locality fire to prevent spreading — not liable if the harm prevented was of a nature and so imminent as to excuse the act.