Project Proposal made in Partial Fulfilment of the course Criminal

Law during the academic session 2017-18, Semester III.

On
Necessity knows no law in the light of R v. Dudley and Stephens

Submitted to:-Dr. Peter F. Ladis Submitted By: Satyam Jain (1560)

Faculty of Criminal Law Shreyank Tiwari (1564)
Parth Sharma (1543)
Govind Chauhan (1528)
Amber Chaturvedi (1510)

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA-800001, BIHAR, INDIA
September, 2017
INTRODUCTION
R v Dudley and Stephens (1884) 14 QBD 273 DC is a leading English criminal case which
established a precedent throughout the common law world that necessity is not a defence to a
charge of murder. It concerned survival cannibalism following a shipwreck and its purported
justification on the basis of a Custom of the Sea. It marked the culmination of a long history of
attempts by the law, in the face of public opinion sympathetic to castaways, to outlaw the
custom and it became something of a cause clbre in Victorian Britain.

Lord Coleridges verdict clearly and decisively sets the rule that no matter how harsh the
circumstances of the situation are, there is no defence of necessity to murder in common law.
That is, to save one's own life, one cannot willingly take somebody elses innocent life. Stating
that where there is a problem of choice between innocent lives, no individual is entitled to
decide who should die, the court reaffirmed that everybody has an equal right to life and shall
enjoy the same protection under common law.

The significance of Regina v. Dudley and Stephens lies in the fact that the English courts, for
the first time, decisively and absolutely laid down the common law concerning this issue and
upheld the principle that human life is to be protected at all costs, that life shall not be taken or
sacrificed even to preserve one's own life and that the defence of necessity is no excuse.

AIMS AND OBJECTIVES

1. To study about the necessity as a defence in relation to R v. Dudley & Stephens.

2. To study about the exceptions of necessity as a defence.

3. To study the impact of R v. Dudley & Stephens on Legal society.

HYPOTHESIS
1. Morality forms the basis of the necessity as a defence as decided in the case of R v.
Dudley & Stephens.
2. There is great difference between Indian and English Legal system in deciding cases
related to necessity as a defence.

RESEARCH METHODOLOGY
Researchers has primarily relied on the doctrinal method. The research is based on
comprehensive study of sources like text books, journals, articles, web sources etc.

REVIEW OF LITERATURE
a) Primary Sources: Cases, Acts.

b) Secondary Sources: Articles, Journals.

TENTATIVE CHAPTERSIZATION
1. Introduction.

2. Necessity knows no law

3. R v. Dudley and Stephens.

4. Criticism of the judgement.

5. Later developments.

6. Legal provisions in Indian legal system

7. Conclusions and Suggestions