BNS Section 18 – Accident in doing a lawful act
Accident while performing 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.
Illustrations
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.
For instance
Vijay, while driving carefully and within speed limit, accidentally hits a pedestrian who suddenly moved in front of his car. Since Vijay was obeying all traffic laws and had no intention of hitting anyone, he has not committed any crimes in this case.
Key Points on BNS-18
BNS-18 addresses acts that result in unintended harm due to accidents or misfortunes and provides a defense if such acts were performed without criminal intent, and with proper care and caution.
- Mishap or Bad Luck:
An accident refers to an unexpected event that results in harm, but without any criminal intent or premeditation.
Similar to an accident, misfortune can involve actions that cause harm despite the actor’s best efforts to prevent it because of unfavorable circumstances.
- No Knowledge or Intention of Crime:
The key element here is the absence of criminal intention or knowledge. Criminal liability does not apply if the harm was not intended or anticipated.
Even if the act causes harm, as long as the person did not know or intend for the harm to happen, it does not constitute an offense.
- Lawful Act in a Lawful Manner:
The action cannot be unlawful; it must be legal.
It must be performed in a lawful manner and with the use of lawful means. This implies that the individual must be carrying out a legitimate activity, like carrying out a task or obligation in a lawful manner.
- Appropriate Handling and Caution:
The act must be carried out with the appropriate care and prudence. If the person took the proper precautions, they won’t be responsible for any unfavorable consequences.
This section would not apply if there was carelessness or negligence, and the offender could still face consequences.
- Example:
A bystander is unintentionally killed when the head of the hatchet that A is using flies off. A’s action is justified as an accident or misfortune if the harm was unintentional and A was acting with the appropriate care and caution. Hence, A has not committed an offense under this section.
- Goal:
BNS-18 aims to keep accidents that don’t involve malice, intent, or negligence from being criminalized. It safeguards people who, in spite of their best efforts, are involved in mishaps that result in unanticipated injuries.
As long as someone acted legally, with due care, and without criminal intent, this section guarantees that they won’t be punished for mishaps or regrettable incidents.
