Indian Penal Code, 1860- Accident/ Misfortune (S.80)
Accident/ Misfortune (S.80)
An accident is a good defence under criminal law. It is an unexpected act that occurs while doing a lawful act despite of sufficient reasonable precaution.
Section 80 of the IPC deals with the accident as a good defence. It enshrines that 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.
From the definition as above we find that any injury out of lawful act will be protected under Section 80. On the contrary, a wilful and negligent act is not an accident and not protected under Section 80.
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.
Case Law: In Jageshar Vs. Emperor [(1923) 24 Cri LJ 789] A and B were fighting and a lady carrying an infant in her arm tried to intervene. While intervening, A blow was given by A to the lady and the infant fell and died. Here, A was could not get protection under Section 80 as his act of fighting was not lawful.
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