Justifiable Homicide
Legal definition for Indian law research
Definition
Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:-
(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.
(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person for felony or a dangerous wound given, and he having notice thereof flies and is killed by such officer or assistant in pursuit. (e) Where, upon such offence as last described, a private person, in whose sight it has been committed, arrests or endeavors to arrest the offender, and kills him in resistance, of flight, under similar circumstances.
(3) Where committed for the prevention of any forcible or atrocious crime, but not if the crime is unaccompanied by force.
If two shipwrecked persons get on the same plank, but finding it not able to save them both, one of them thrusts the other from it, whereby he is drowned, this is said by Lord Bacon and others to the justifiable, but such is not the law of England. See Reg. v. Dudley, (1884) 14 QBD 273, in which, where a shipwrecked crew were dying of famine, it was held, upon a special verdict, not to be justifiable homicide but wilful murder for two of them to kill a boy to feed upon his body. The prisoners in this case were sentenced to death,
but the sentence was commuted to six months' imprisonment.
(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.
(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person for felony or a dangerous wound given, and he having notice thereof flies and is killed by such officer or assistant in pursuit. (e) Where, upon such offence as last described, a private person, in whose sight it has been committed, arrests or endeavors to arrest the offender, and kills him in resistance, of flight, under similar circumstances.
(3) Where committed for the prevention of any forcible or atrocious crime, but not if the crime is unaccompanied by force.
If two shipwrecked persons get on the same plank, but finding it not able to save them both, one of them thrusts the other from it, whereby he is drowned, this is said by Lord Bacon and others to the justifiable, but such is not the law of England. See Reg. v. Dudley, (1884) 14 QBD 273, in which, where a shipwrecked crew were dying of famine, it was held, upon a special verdict, not to be justifiable homicide but wilful murder for two of them to kill a boy to feed upon his body. The prisoners in this case were sentenced to death,
but the sentence was commuted to six months' imprisonment.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.