Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.
Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?
  • a)
    Sharman has committed no offence because this was done out of necessity
  • b)
    Sharman can be held responsible for the act of criminal negligence
  • c)
    Sharman can be held responsible for culpable homicide
  • d)
    This is a clear case of accident so Sharman cannot be held responsible
Correct answer is option 'A'. Can you explain this answer?

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This discussion on Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? is done on EduRev Study Group by CLAT Students. The Questions and Answers of Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? are solved by group of students and teacher of CLAT, which is also the largest student community of CLAT. If the answer is not available please wait for a while and a community member will probably answer this soon. You can study other questions, MCQs, videos and tests for CLAT on EduRev and even discuss your questions like Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? over here on EduRev! Apart from being the largest CLAT community, EduRev has the largest solved Question bank for CLAT.

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This discussion on Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? is done on EduRev Study Group by CLAT Students. The Questions and Answers of Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? are solved by group of students and teacher of CLAT, which is also the largest student community of CLAT. If the answer is not available please wait for a while and a community member will probably answer this soon. You can study other questions, MCQs, videos and tests for CLAT on EduRev and even discuss your questions like Principle : Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.Facts : Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?a)Sharman has committed no offence because this was done out of necessityb)Sharman can be held responsible for the act of criminal negligencec)Sharman can be held responsible for culpable homicided)This is a clear case of accident so Sharman cannot be held responsibleCorrect answer is option 'A'. Can you explain this answer? over here on EduRev! Apart from being the largest CLAT community, EduRev has the largest solved Question bank for CLAT.