Section 10

Nothing is an offence which is done involuntarily and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means, and with proper care and caution.

Act likely to cause harm, but done without criminal intent, and to prevent other more serious harm 11.

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 to cause harm, and in good faith for the purpose of preventing or avoiding other more serious harm to person or property.

Explanation — 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 it was likely to cause harm.

Illustration

A enticed or induced or persuaded B, an unmarried female person to leave the custody of her parents or guardian for the purpose of preventing her from being made a prostitute.

Syariah Penal Code

B.L.R.O. 3/2024 25

He does this with the intention, in good faith, of saving her from more serious harm. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse

A’s act, A is not guilty of an offence.