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.
Simplified Explanation
Section 18 of the Bharatiya Nyaya Sanhita (BNS), titled “Accident in Doing a Lawful Act,” provides immunity from criminal liability in cases where an unintended accident occurs while a person is engaged in a lawful act. This section protects individuals who, while performing a lawful activity, unintentionally cause harm or damage due to an unforeseen accident.
Key Points of Section 18
- Lawful Act Requirement:
- Section 18 applies only when the person is performing a lawful act. This means that the activity itself must be legal and carried out with the proper intent. For instance, if a person is operating machinery lawfully and an unexpected malfunction causes an accident, this section may offer protection.
- Accidental Outcome:
- The protection is given only when the resulting harm or damage is purely accidental, meaning it was unintentional and unforeseen. There must be no negligence or intention to cause harm. The act must have been performed with reasonable care, yet the accident occurred despite the individual’s efforts to prevent it.
- Good Faith and Lack of Negligence:
- Immunity applies when the individual acted in good faith, exercising appropriate caution and diligence. If the person was negligent or failed to take reasonable precautions, Section 18 would not protect them. This ensures that the immunity only applies when the accident was truly beyond the individual’s control.
- Examples of Protected Situations:
- For instance, if a driver follows all traffic rules and maintains their vehicle properly, yet an unexpected mechanical failure causes an accident, Section 18 may protect them from criminal liability. Similarly, if a construction worker inadvertently causes a minor incident despite following all safety protocols, they may be protected by this section.
- No Malicious Intent:
- The section’s immunity is void if there was any malicious intent or recklessness involved. It strictly covers accidents where the individual’s actions were both lawful and responsible, underscoring that any harm caused was purely accidental and unintended.
- Judicial Assessment of Circumstances:
- Courts evaluate whether the person took all reasonable precautions and whether the incident could have been foreseen or avoided. Judges consider the nature of the lawful act, the precautions taken, and the person’s intent, ensuring immunity is only granted in genuine cases of accidental harm.
Purpose of Section 18
Section 18 serves to protect individuals from criminal liability in cases where accidents occur despite their best efforts to act responsibly and lawfully. By recognizing that unintentional harm can arise even when proper care is taken, this section fosters fairness and discourages unwarranted punishment for individuals who acted in good faith. This provision balances accountability with compassion, ensuring that people are not held criminally liable for accidents that could not have been reasonably anticipated or prevented.
