Fact of the case :

In 1884, four sailors—Thomas Dudley, Edward Stephens, Brooks, and Richard Parker—were stranded on a lifeboat in the South Atlantic Ocean following the sinking of their ship, the Mignonette. The men were left without sufficient food or water, drifting on the ocean for weeks. After several days of desperation, they faced the choice between starving to death or making a grim decision to sacrifice one among them to save the others. 

The crew survived by managing to reach a lifeboat, but they were left without adequate provisions. The men had no fresh water, only a small amount of turnips, and no other food supplies. An attempt was even made to drink its blood, but because of seawater contamination, it was impossible. The crew failed to catch any rainwater and by 13 July, with no other viable source of liquid, they began to drink their urine. Parker being inexperienced, tried consuming the seawater and fell ill to a point where he was assumed to have been slipped into a coma. 

Dudley came up with the idea of drawing lots to choose who amongst them should die for the others to survive on his blood and meat. Finally, they killed Parker and fed on (to eat as food) his body for four days until they were rescued by a German ship.

 Issue Involved

Whether necessity can be claimed as a defence for murder and can it make the act permissible?

Held :  “The Doctrine of Necessity is attracted where a person does not have a choice and to prevent graver harm he causes lesser harm. This doctrine is thus applicable only in cases where the perpetrator had no option but to commit the crime for the sake of his private defines”.