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.
IPC Section 80: Simplified Explanation
Section 80 of the Indian Penal Code (IPC) exempts criminal liability for acts done accidentally or due to misfortune while lawfully performing a lawful act with lawful means and due care and caution. This section is predicated on the absence of criminal intent or knowledge in committing an act that otherwise could be construed as an offence.
Critical Aspects of IPC Section 80
- Accident or Misfortune refers to unintended consequences without the actor’s foresight or desire. The occurrence must be unexpected and not planned by the person doing the act.
- Lawful Act: The action performed during the accident must be lawful. This means that it is permitted by law and does not violate any legal provisions.
- Lawful Manner and Means: The act must be lawful and carried out in a lawful manner and by lawful means. This stipulation ensures that the methods and tools used to perform the act do not violate any laws.
- Proper Care and Caution: The person performing the act must exercise due care and caution. This condition implies a level of attentiveness and precaution that is reasonable and expected to prevent harm.
Illustration and Application
The illustration provided clarifies the application of Section 80: If person A is working with a hatchet and, despite taking proper precautions, the head flies off accidentally and kills someone, A would not be held criminally liable for the death. The rationale is that A was engaged in a lawful act (using a hatchet for work), in a lawful manner (presumably using the hatchet as it is meant to be used), by lawful means (a hatchet is a legal tool for work), and with the necessary care and caution (no negligence in handling the hatchet). The death, in this case, is considered an unfortunate accident, not a criminal act.
