Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023
Accident in Doing a Lawful Act
Statutory Provision
Section 18 of the Bharatiya Nyaya Sanhita, 2023 provides:
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.
This section forms part of Chapter III – General Exceptions of the BNS. It is a continuation of the long-established principle earlier contained in Section 80 of the Indian Penal Code, 1860.
Object and Rationale of Section 18
The object of Section 18 is to ensure that criminal liability is not imposed for purely accidental acts where:
The person was acting lawfully,
There was no intention or knowledge of wrongdoing, and
Reasonable care and caution were exercised.
Criminal law is based on the principle that punishment should follow fault. When harm occurs due to pure accident or misfortune, without fault, the law treats such conduct as excusable rather than criminal.
Essential Ingredients of Section 18
For the protection under Section 18 to apply, all the following conditions must be satisfied:
1. The Act Must Be Lawful
The act being performed must be permitted by law.
If the underlying act itself is illegal, Section 18 will not apply.
Example:
Driving a vehicle with a valid license is lawful; driving without a license is not.
2. The Act Must Be Done in a Lawful Manner and by Lawful Means
The manner and method of performing the act must also be legal.
Even a lawful act can lose protection if done using prohibited or dangerous means.
3. The Act Must Be Accidental or Due to Misfortune
The harmful result must be unintended and unforeseen.
An accident implies absence of design, planning, or expectation of harm.
4. Absence of Criminal Intention or Knowledge
The accused must not have:
Intended the harm, or
Known that such harm was likely to occur.
If intention or knowledge exists, the protection of Section 18 is lost.
5. Proper Care and Caution Must Be Exercised
This is a crucial requirement.
The person must have acted with the level of care expected from a reasonable and prudent person in similar circumstances.
If the act was careless, rash, or negligent, Section 18 does not apply.
Illustration (Conceptual)
A person is lawfully cutting wood with a properly maintained tool. Despite exercising due care, the tool breaks unexpectedly and injures another person standing nearby.
Since the act was lawful, done carefully, without intention or knowledge, the harm caused is accidental and not an offence under Section 18.
Distinction Between Accident and Negligence
| Accident (Section 18) | Negligence |
|---|---|
| No intention or knowledge | Lack of due care |
| Proper caution exercised | Carelessness or rashness |
| Excusable act | Punishable offence |
| No criminal liability | Criminal liability may arise |
Section 18 does not protect negligent or reckless conduct.
Burden of Proof
When an accused claims protection under Section 18:
The burden lies on the accused to show that all conditions of the section are fulfilled.
This must be proved on the balance of probabilities, not beyond reasonable doubt.
Legal Effect of Section 18
If Section 18 applies:
The act is not an offence
The accused is entitled to acquittal
Criminal responsibility is completely excluded
However, civil liability (such as compensation) may still arise in appropriate cases.
Applicability in Practical Situations
Section 18 may apply in cases involving:
Accidental injuries during lawful work
Unforeseen mishaps during lawful activities
Medical or professional acts performed with due care
Accidental deaths without negligence
It does not apply to:
Rash driving
Negligent medical treatment
Acts done in violation of law
Situations involving foreseeable risk ignored by the accused
Comparison with Earlier Law
Section 18 of BNS is substantively identical to Section 80 of the IPC.
The principles, interpretation, and judicial understanding remain unchanged.
Conclusion
Section 18 of the Bharatiya Nyaya Sanhita, 2023 embodies the fundamental principle that:
A person should not be punished for an unintended harm resulting from a lawful act done carefully and without criminal intent or knowledge.
It ensures fairness in criminal law by protecting individuals from punishment for genuine accidents, while still maintaining accountability where negligence or intention exists.
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