What is Section 81 IPC? Act likely to cause harm, but done without criminal intent, and to prevent other harm
Published on: Lawiz Team
Detailed explanation of Section 81 IPC: Act likely to cause harm, but done without criminal intent, and to prevent other harm.
Official Legal Text
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it is done without any criminal intention and in good faith for the purpose of preventing or avoiding other harm to person or property.
What This IPC Section Means – Explained in Simple Words
Section 81 of the Indian Penal Code provides protection to individuals who commit an act that is likely to cause harm but is done without any criminal intent and is aimed at preventing a greater harm.
Purpose
The purpose of Section 81 is to provide legal protection to individuals who act in good faith to prevent greater harm, even if their actions may cause some harm.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment if the act is done without criminal intent and to prevent other harm.
Scope and Application
Section 81 applies to any act that may cause harm but is done with the intention of preventing a greater harm, without any criminal intention.
Important Legal Points
This section emphasizes the absence of criminal intent and the focus on preventing greater harm.
Illustrative Example
If a person destroys property to prevent a massive fire from spreading, they may be protected under Section 81.
Exceptions and Special Cases
Section 81 does not protect actions that are done with malicious intent or where the harm caused is disproportionate to the harm prevented.
Conclusion
Section 81 is meant to protect well-intentioned acts that cause harm while aiming to prevent a greater harm.
FAQs
What does Section 81 IPC define?
Act likely to cause harm, but done without criminal intent, and to prevent other harm.
What is the legal scope of Section 81 IPC?
It defines how act likely to cause harm, but done without criminal intent, and to prevent other harm is treated under Indian Penal Code.
When is Section 81 IPC applicable?
In cases involving act likely to cause harm, but done without criminal intent, and to prevent other harm circumstances or actions.
Are there exceptions under Section 81 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 81 IPC?
Real case laws often refer to act likely to cause harm, but done without criminal intent, and to prevent other harm in specific judgments.
Is Section 81 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 81 IPC?
Courts interpret it in line with judicial precedent and legislative intent.