Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023: Accident in Doing a Lawful Act
📜 Text of Section 18
"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.
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.(
🧠 Explanation
Section 18 provides a legal defense for individuals who cause harm unintentionally while performing a lawful act with due care and caution. It emphasizes that accidents occurring without criminal intent or negligence are not punishable offenses
Key Elements:
Lawful Act: The action must be legally permissible.
Accidental Outcome: The harm must result from an unforeseen incident.
Absence of Criminal Intent or Knowledge: There should be no deliberate intention to cause harm.
Proper Care and Caution: The individual must have exercised reasonable precautions.
⚖️ Comparison with IPC Section 80
Section 18 of the BNS aligns with Section 80 of the Indian Penal Code (IPC), 1860, which similarly absolves individuals from liability when harm is caused by accident during a lawful act performed with due care and caution. This consistency ensures a coherent approach to handling accidental harm in Indian criminal law.
🛡️ Purpose and Importance
This provision serves to protect individuals from criminal liability when harm occurs unintentionally during lawful activities. It ensures that the law does not penalize individuals for unforeseen accidents, thereby promoting fairness and justice.(
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