Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 18: Accident in doing a lawful act.
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.
Brief Detail
BNS Section 18 states that an act is not considered an offence if it is done accidentally or due to misfortune, provided there is no criminal intention or knowledge involved. The act must be lawful, performed in a lawful manner, and with proper care and caution.
Question & Answers
Q1: What does BNS Section 18 cover?
A1: BNS Section 18 covers acts that are not considered offences if they are done by accident or misfortune, without criminal intention or knowledge, while being lawful, and performed with proper care and caution.
Q2: What conditions must be met for an act to be excusable under BNS Section 18?
A2: For an act to be excusable under BNS Section 18, it must be done accidentally or due to misfortune, without criminal intention or knowledge, in a lawful manner, and with proper care and caution.
Q3: Can an act be considered an offence if proper caution was observed?
A3: No, if proper caution was observed, the act is excusable and not considered an offence under BNS Section 18.
Q4: Provide an example illustrating BNS Section 18.
A4: An example is when A is working with a hatchet, and the head of the hatchet flies off and accidentally kills a bystander. If A exercised proper caution, the act is excusable and not an offence under BNS Section 18.
Example
Example: A is at work with a hatchet. During the work, the head of the hatchet detaches and kills a man standing nearby. If it is established that A did not lack proper caution while using the hatchet, this act is considered excusable and not an offence under BNS Section 18.
