Question

Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.

• A. Only Conclusion 1 follows.
• B. Only Conclusion 2 follows.
• C. Only Conclusion 1 and 3 follow.
• D. All Conclusions follow.

Hint:

The necessity defence applies only to urgent, unavoidable situations where immediate action is needed to prevent greater harm.

Answer 1

The Correct Option is C

Step 1: Understanding the principle
- The phrase "Necessity knows no law" means that in extreme situations, where immediate action is required to protect life or significant property, actions that would otherwise be illegal can be justified.
- Such actions must be taken under urgent necessity, not for personal gain.
Step 2: Evaluating Conclusion 1
- A captain throwing cargo into the sea to save the ship from sinking is an emergency act to protect lives and property.
- This clearly falls within the principle of necessity.
- Therefore, Conclusion 1 follows.
Step 3: Evaluating Conclusion 2
- Stealing food out of poverty is not considered an immediate necessity in the legal sense; it is driven by ongoing hardship rather than an urgent life-threatening emergency.
- Courts generally do not extend the necessity defence to such cases.
- Therefore, Conclusion 2 does not follow.
Step 4: Evaluating Conclusion 3
- Killing a tiger that is attacking a villager is an immediate action to save a human life.
- This is a clear application of the necessity principle.
- Therefore, Conclusion 3 follows.
Step 5: Conclusion
- Only Conclusion 1 and Conclusion 3 align with the legal meaning of the principle.
\[ \boxed{\text{Only Conclusion 1 and 3 follow.}} \]