Legal maxim

The maxim “Necessitas Non Habet Legem” is a Latin phrase which literally means that “necessity has no laws”. The maxim basically believes that a when a person is in a condition of necessity, they can resort to unlawful method in order to get out of such situation of necessity. It says that necessity is a good excuse in the eyes of law. This is commonly known as the Doctrine of Necessity. In olden times, this maxim was used to justify certain actions of the State which were taken to protect their kingdoms. Its application can be seen in both the Criminal as well as Civil Laws. Used as a defence in both, this maxim believes that when a situation arises, where there is a matter of life and death and the accused has done some activity which is clearly unlawful, they can plead for mercy under this maxim. It can be better understood with the help of Section 81 of the Indian Penal Code (IPC). This section states that an act which has been performed in the face of injury without any criminal intent cannot be called an offence.

Surocco v. Geary

A ship had discharged her cargo of oil since it posed danger to the crew members. Due to this discharge, the plaintiff’s beach became polluted. The Court referred to the maxim of Necessitas Non Habet Legem and held that no offence was done, since the pollution in the beach was not intentional and was done in order to save the crew members of the ship.

Vincent v. Lake Erie Transp. Co.

In this case, the defendant had parked his ship in the plaintiff’s dock due to a storm. This resulted in certain damages to the dock. The Court held that since, the damage was done in order to save the ship, the defendant cannot be held guilty, but he had to pay for the damages and also the rental for parking his ship in the plaintiff’s dock.