Defense of Necessity

Defense of Necessity – definition

In criminal law, the defense of necessity is a legal justification that permits a person to commit an otherwise unlawful act to prevent a greater and imminent harm from occurring. This defense applies when the defendant reasonably believes that breaking the law is necessary to avoid a significant and unavoidable danger, and that no reasonable legal alternative exists. The act committed must be the lesser of two evils-the harm caused by the illegal conduct must not outweigh the harm avoided.

The defense acknowledges that in emergency circumstances, the law may excuse a criminal act if it was done to preserve life, safety, or other critical interests when no lawful options were available. The defense of necessity is a form of affirmative defense and justification.

Key aspects of the concept

The defendant must believe there is an immediate and specific threat requiring urgent action.
There must be no realistic or lawful alternative to committing the offense.
The harm caused by the defendant’s action must be proportional and not greater than the harm avoided.
The defendant must not have caused or substantially contributed to the emergency situation.
The threat must be imminent, leaving no time to seek legal remedies.
The defense is typically narrowly applied and strictly controlled by courts to prevent misuse.
In many jurisdictions, the defense does not apply to homicide or certain serious crimes.

Examples of use of “Defense of Necessity”

Driving above the speed limit without a license to rush an injured person to the hospital to prevent death.
Breaking into an unoccupied cabin during a snowstorm to seek shelter and avoid freezing.
Destroying property to escape a dangerous fire and save lives.
Committing a minor traffic violation to avoid a severe accident or imminent harm.