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- The doctrine of executive necessity is a general principle which propounds that a public authority cannot prelude itself from exercising its executive functions by undertaking contractual obligations.
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- Introduction
- Understanding The Doctrine of Necessity
- History of The Doctrine of Necessity
- Exceptions to The Doctrine of Necessity
- Doctrine of Necessity Under The Indian Penal Code, 1860
- Judicial Approach Towards The Doctrine of Necessity
- Conclusion
- References
“Necessity knows no law.” – Aesop. “Nemo in propria causa judex, esse debet”is a Latin maxim that states that no one should be made the judge in their own cause. It is one of the principles of natural justice. The aforesaid maxim also states that if an individual is provided with the authority and power of taking decisions then they must act in a f...
The principles of natural justice are the most basic legal parameters that are considered whenever a court of law is to arrive at a decision. However, when it comes to one of the principles of natural justice i.e., the rule against bias, there exists an exception and that is the doctrine of necessity. The doctrine of necessity enables the legal aut...
The doctrine of necessity has its roots in the writings of Henry de Bracton, a medieval jurist. He stated that “that which is otherwise not lawful is made lawful by necessity”. Later, the controversial case ofFederation of Pakistan v. Maulvi Tamizuddin Khan (1955)came up before the judiciary of Pakistan. In this case, the Chief Justice of Pakistan ...
The doctrine of necessity shields the adjudicators from bias. However, the said doctrine does not give the license to use the excuse of bias in deciding every case. This means that the doctrine of necessity disqualifies such adjudicators who resort to bias while arriving at decisions. But, there are certain exceptions wherein such biased decisions ...
The doctrine of necessity can be found in Indian criminal law.Chapter IV of theIndian Penal Code, 1860 contains the provisions of ‘General Exceptions’ under Sections 76 to 106. If an individual commits any of the offences under the exceptions or circumstances as stated in Chapter-IV, then such individual is exempted from criminal liability. The ind...
Regina v. Dudley and Stephens
In thiscase, Thomas Dudley and Edwin Stephens were the defendants. The said defendants and a cabin boy named Richard Parker were cast adrift in a boat without food and water due to a shipwreck. Later, on the eighteenth day, when the three of them had been without food for seven days and without water for five days, Dudley proposed to Stephen that one should be put to death to save the rest. Accordingly, they decided that it would be better to kill Parker so that they could save their own live...
United States v. Holmes
In thiscase, an American vessel by the name ‘William Brown’ containing 65 passengers and 17 crew members hit an iceberg and sank rapidly. As a result, the longboat was cast adrift in the stormy sea. In order to prevent the boat from being sunk, the members of the crew threw some of the passengers overboard. Later, when a case came up for the trial of one of the crew members, the court held that such situations of necessity may be considered a defence against the charge of criminal homicide. H...
Rex v. Bourne
In thiscase, a 14-year-old young girl became pregnant because she was raped by five soldiers. The defendant was a gynaecologist. He performed an abortion with the consent of the girl’s parents since he believed that the rape victim could die if she was permitted to give birth. After hearing the facts of the case, the court held the defendant as not guilty of the offence of unlawfully procuring a miscarriage. The defendant was found not guilty because he acted in good faith by performing his d...
The doctrine of necessity is an exception to the principle of ‘Nemo judex in causa sua’. According to the said principle, on the basis of bias, an authority is liable to be disqualified. When the doctrine of necessity is invoked, it acts as a defence even when the law is violated making the decision unbiased and valid. However, the said doctrine ca...
- Rachit Garg
The term Doctrine of Necessity is a term used to describe the basis on which administrative actions by administrative authority, which are designed to restore order, are found to be constitutional.
The doctrine of necessity is a legal defence that can be used in the Indian Penal Code to justify an act that would otherwise be considered a crime. Section 81 of the Indian Penal Code, 1860 (IPC) deals with this doctrine.
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Mar 27, 2024 · What is the legal maxim for necessity? The well-being of the people is the supreme law, or salus populi suprema lex, is the foundation upon which necessity rests. When a defendant claims necessity, he usually argues that he committed the act to prevent a larger evil brought about by natural forces. What is the doctrine of strict necessity in India?
The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions.
