Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 18 of the **Bharatiya Nyaya Sanhita (BNS), 2023**, addresses the legal principle that an act done by accident or misfortune, without criminal intent or knowledge, while performing a lawful act in a lawful manner with proper care and caution, is not considered an offence. This provision mirrors Section 80 of the Indian Penal Code (IPC), 1860.([prashantkanha.com][1])
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### ๐งพ Section 18 โ Accident in Doing a Lawful Act
**Text:**
> "Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution."([prashantkanha.com][1])
**Illustration:**
> "A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence."([aaptaxlaw.com][2])
This section provides a legal safeguard for individuals who, while performing a lawful act with due diligence, cause harm unintentionally. It emphasizes the absence of criminal intent and the presence of proper care and caution.([aaptaxlaw.com][2])
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### ๐ Comparison with IPC
Section 18 of the BNS, 2023, aligns with Section 80 of the IPC, 1860, which similarly absolves individuals from criminal liability when harm is caused by accident or misfortune during the performance of a lawful act with due care and caution.
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