Section 18 of the Bharatiya Nyaya Sanhita (BNS) states that if a person, while performing a lawful act in a lawful manner using lawful means and exercising proper care, causes harm by accident or misfortune, it is not an offense.
Key Provisions:
Accidents Without Criminal Intent Are Not Offenses
If an act is purely accidental and done without any criminal intention or knowledge, it will not be considered a crime.
Conditions for Exemption
The act must be: Lawful – Not an illegal act.
Done in a lawful manner – Following proper legal or safety procedures.
Done with lawful means – Using tools or methods that are legally allowed.
With proper care and caution – The person must have taken reasonable safety precautions.
Illustration:
Example of a Work Accident
A is working with a hatchet (axe), and its head accidentally flies off, hitting and killing a person nearby.
If A was using the hatchet carefully and without negligence, then A is not guilty of any offense.
How It Protects:
Prevents wrongful punishment for genuine accidents.
Ensures that only intentional or negligent acts are prosecuted.
Encourages responsibility and proper caution while performing lawful activities.
Example:
A driver follows all traffic rules, but a child suddenly runs onto the road, causing an unavoidable accident → No offense if the driver was careful.
A construction worker properly installs a wall, but it collapses due to an unknown defect → Not an offense if there was no negligence.
