In doubt, the gentler or safer course is to be followed.

Explanation

Uncertainty counsels restraint — where either severity or leniency might be justified, the law leans toward the milder result.

Where this applies

• When the law is unclear, the gentler course should be followed.
• Doubt counsels restraint — the milder result is preferred.
• Between severity and leniency, uncertainty tips toward the lenient side.

See also

• 12.4.1 In doubtful cases, the more favorable construction is to be preferred.
• 12.6.1 Necessity has no law.