The Defence of Compulsion And Necessity..

The law provides with general exceptions under S76 to 106 of the IPC. These sections identify situations where the criminal liability is relieved. Since the proof of any of these defences exempts the accused from criminal liability altogether, these are also known as complete or total defences. Most of these sections are quite exhaustive in nature. There are about 36 sections but here u would like to talk about just 1 and that is S81 of the Indian Penal Code, 1860.

Section 81 provides for the defence of Compulsion and Necessity.

There are many circumstances in which a person is put to the threat of 2 evils or dangerous situations and it is inevitable for him to face one of the two. In such a situation he is left with no other alternative except to choose the lesser danger rather than the greater. Here the law justifies his actions and protects him by exempting from criminal liability as a consequence of such action.

Such protection or exemption from criminal liability is explained under the “Doctrine of Necessity and Compulsion or Jus Necessitatis.”. It is enshrined in the maxim “Necessitas non habet legem”, which means “Necessity knows no laws”.

Act likely to cause harm, but done without criminal intent, and to prevent other harm (S81): “Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, it if be done without any criminal intention to cause harm, and in good faith for the purpose pf preventing or avoiding other harm to person or property”.

There is a well known case in which the defence of this section was taken. Three seamen namely Dudley, Stephens, Brooks and a cabin boy of 18 yrs were the crew of an English Vessel. While prosecuting voyage on highseas, due to a ship-wreck the three seamen and the boy escaped and landed into an open boat. They had no food and water for several days. On the 20th day, Dudley and Stephens killed the boy and fed on the flesh and blood to survive. Later they were picked by a passing vessel and after reaching the shore they were prosecuted and tried for the murder of the small boy. The accused pleaded the defence of “necessity” to get exemption from criminal liability.

The Privy Council held the accused guilty of murder and convicted on the grounds-
1) self preservation is not an absolute necessity ;
2) no man has the right to take another’s life to preserve his own;
3) there is no necessity that justice homicide.


Thus the person claiming the defence of S81 must prove that he did not possess any criminal intention to cause harm and that his purpose in good faith was to prevent or avoid other harm to person or property.

APPEAL

The word appeal means right of carrying a particular case from an inferior to a superior Court with a view to ascertain whether the judgement is sustainable. An appeal is created of statute only and a right of appeal exists where expressly given.

No appeal lies from any judgement or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. There can be no inherent right of appeal from any judgement unless an appeal is expressly provided for the law itself. The right of appeal is governed by the statute in conformity with which a particular offence is tried. The right of appeal is neither a fundamental nor an inherent right; it is a creature of a statute, a statutory right.

The Criminal Procedure Code does not provide for an appeal to the Supreme Court but its stated under another law – the Constitution. According to the Constitution of India, an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court in India if the High Court-
a) has on appeal reversed an order of acquittal of an a accused person and sentenced him to death, or any Court subordinate to its authority has in such a trial convicted the accused person and sentenced him to death;
b) certified that the case is a fit one for appeal to the Supreme Court.

The Highest Appellate or Revisional Court under the old Criminal Procedure Code was the High Court. The law has undergone a significant change in the present Code which provides for appeals to the Supreme Court.

A TEACHER , A DOCTOR AND A LAWYER !!!!!!

A teacher, a doctor and a lawyer, these are the three professionals who work to serve the society. Their professions are mainly concerned with the wellbeing of the public at large. They take an oath to serve the people in every way possible.

A teacher educates children with a view that the kids grow up into good individuals and have a good future. They are taught in such a fashion in which the basic human values are implanted in their character. All of which leads to a better tomorrow.

A doctor takes care of the sick people. His only job is to ensure that each and every person he treats should be cured and become a healthy person. Hence help his patients to maintain good health.

A lawyer works heard to get justice for his clients. In the process prevents offenders to disturb the public tranquillity.

What is worth noticing is that each one of us has the qualities of all the above three within ourselves to a certain extent.

We teach ourselves everyday, we take precautionary measures in our daily routine so that we stay healthy and when needed we fight for our rights.

Every individual tries to take lessons for his or others experience. That’s self learning. It’s a fact that a man never stops growing. And in daily life, we are our own teacher.

People take measures to stay healthy. Not always I find people running to the doctors for every small thing. The first few things that almost every person does for any health problems are trying on some of the conventional methods. In other words, many at times we are our own doctor.

And in most circumstances we are our own lawyer. A man has to defend his thoughts when he thinks he is right. In most circumstances people who you live with or work with do not agree with what you think may be right. What do you do? You attempt to explain why things should be your way. But this does not mean that if you never have your way you are a bad lawyer. You are just an individuals and sometimes questing “why is the leaf green”, isn’t the best question to ask. I would term such an individual is an adjusting kind of a person. One has to change as change is constant and it is the only food for survival. Why do you think dinosaurs are extinct?
Nor does it mean that if you have your way with everybody you’re a great lawyer of yourself. In such circumstances you could be happy but people around may not be holding any good opinions about you.

What is needed is a balanced approach with everything. One can be traditional yet liberal; like you can be a mother even though you are a man!!! :)

A SWEET STORY< SWEETER THAN SALT!!!!!!!

A sweet story, much sweeter than salt.He met her on a party, she was so outstanding, many guys chasing afterher, while he was so normal, nobody paidattention to him.At the end of the party, he invited her to have coffee with him. Shewas surprised, but as he was polite, she promised.They sat in a nice coffee shop, he was too nervous to say anything, Shefelt uncomfortable, she thought, " please, let me back home".Suddenly he asked the waiter: would you please give me some salt?I'd like to put it in my coffee.Everybody stared at him, so strange! His face turned red, but still, heput the salt in his coffee and drank it. She asked him curiously: why you have this hobby? He replied: when I was a little boy,I was living near the sea, I liked playing in the sea, I could feel the taste of the sea, salty and bite, just like the taste ofthe salty coffee. Now every time I have thesalty coffee, I always think of my childhood, think of my hometown, Imiss my hometown so much, I miss my parents who arestill living there. While saying that, tears filled his eyes. She was deeply touched.That's his true feeling, from the bottom of his heart.A man who can tell out his homesick, he must be a man who loves home,cares about home, has responsibility of home.Then she also started to speak, spoke about her faraway hometown, herchildhood, her family. That was a really nice talk,also a beautiful beginning of their story.They continued to date. She found actually he was a man who meets allher demands: he had tolerance, was kind hearted,warm, careful...he was such a good person but she almost missed him!Thanks to his salty coffee! Then the story was just like everybeautiful love story: the princess married to theprince, then they were living the happy life...And, every time she madecoffee for him, she put some salt in the coffee,as she knew that's the way he liked it.After 40 years, he passed away, left her a letter which said:" Mydearest, please forgive me, forgive my whole life lie.This was the only lie I said to you----the salty coffee.
Remember the first time we dated? I was so nervous at that time,actually I wanted some sugar, but I said salt. It washard for me to change so I just went ahead. I never thought that couldbe the start of our communication! I tried to tell you thetruth many times in my life, but I was too afraid to do that, as I havepromised not to lie to you for anything. Now I'mdying, I afraid of nothing so I tell you the truth: I don't like thesalty coffee, what a strange bad taste. but I have the salty coffee for my whole life since I knew you, I neverfeel sorry for anything I do for you. Havingyou with me is my biggest happiness for my whole life. If I can livefor the second time, I still want to know you and have you for my whole life, even though I have to drink the salty coffee again."Her tears made the letter totally wet.Someday, someone asked her: what's the taste of salty coffee? It'ssweet. She replied. SOMETIMES YOU FEEL YOU KNOW THE PERSON MORE THAN ANYBODY ELSE...BUTONLY TO REALISE THAT YOUR OPINION ABOUT THE PERSON WAS NOT AS YOU DESCRIBED.JUST LIKE THE INCIDENT OF THE SALTY COFFEE...LOVE MORE AND HATE LESSER... CAUSE' SOMETIMES SALTTASTES MORE THAN SUGAR.