Which of the following circumstances weighs against the defence of ‘necessity’?
The prospect of harm far in the future weighs against the defence of necessity. Under section 19 of the Bharatiya Nyaya Sanhita, 2023, whether the nature and imminence of…
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Which of the following circumstances weighs against the defence of ‘necessity’?
Answer and explanation
Correct answer C
The prospect of harm far in the future weighs against the defence of necessity. Under section 19 of the Bharatiya Nyaya Sanhita, 2023, whether the nature and imminence of the threatened harm justified taking the risk is a question of fact. An act done in good faith and without criminal intent to cause harm can qualify even if the person knew it was likely to cause harm, provided the act was intended to prevent or avoid other harm to person or property.
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