Enactment No. 4 of 1992
SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

PART II - GENERAL EXCEPTIONS



Section 9. Act likely to cause harm but done without a criminal intent, and to prevent other harm.


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.

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 that it was likely to cause harm.

ILLUSTRATION

A. in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving life or property. 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 the offence.



Copyright © PNMB-LawNet. All rights reserved.