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    Question

    Under Section 19 of the BNS, 2023, X, the captain of a

    passenger ferry, suddenly finds his vessel in a position where, before he can stop it, he must inevitably collide with a crowded tourist boat unless he immediately changes course. However, by changing course, he will run down a fishing boat with three fishermen on board. X changes course in good faith to avoid the greater harm. Which of the following correctly determines X's criminal liability?
    A X is liable for the collision with the fishing boat because he willfully altered the course, even though his intention was protective Correct Answer Incorrect Answer
    B X may be protected under Section 19 if the danger to be prevented from the crowded tourist boat was of such nature and imminence as to justify running the risk of the fishing boat collision Correct Answer Incorrect Answer
    C X is protected under Section 19 only if he had no alternative whatsoever to prevent the collision, and the harm caused is lesser than harm prevented Correct Answer Incorrect Answer
    D X's defence under Section 19 depends entirely on whether he acted negligently in the original navigational error Correct Answer Incorrect Answer
    E X cannot invoke Section 19 because he made a choice between which boat to harm, thereby acting with criminal intention Correct Answer Incorrect Answer

    Solution

    Explanation: Section 19 of the BNS, 2023 (corresponding to Section 81 IPC) provides that "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 person or property." The section includes the critical explanation that "It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm." The Explanation further provides an illustration of a ship captain altering course to avoid colliding with a boat with many passengers, even though doing so might hit another boat. This is the exact factual scenario in the question. Thus, X's act does not constitute an offence if the circumstances demonstrate that the harm to the crowded boat was sufficiently imminent and grave to justify the risk. The act of choosing the lesser harm does not constitute criminal intention under this provision; rather, it demonstrates good faith protective action. Therefore, option (B) is correct.

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