Theoretical overview
Accident as a general exception is given under section 80 of the Indian penal code. A person can be exempted from liability if the act is done accidently and without criminal intention or knowledge. There must be a lawful act in an innocent and lawful manner from any unforeseen result that may ensue from accident or misfortune.
The term accident is derived from the Latin word accidere, which signifies ‘fall upon, befall, happen, chance’. To bring an act within the meaning of the word accident used in the section 80, an essential requirement is that the happening must be one to which human fault does not contribute. The term misfortune means the same thing as an accident as it was unwelcome or unexpected.
The bare act language states 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
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.
Section 80 gives statutory recognition to common law mens rea that there can’t be crime without criminal intention. A man is not criminally responsible for actions done in a lawful act in a lawful manner by lawful means with care and caution.
To get immunity you need to prove: –
1. Accident or misfortune
2. Without any criminal intention or knowledge
3. In lawful manner means and caution
Moreover, the accidental act should not only be without any criminal intention and a lawful act, but the said lawful act should also have been exercised with proper care and caution. What is expected is not the utmost care, but sufficient care that a prudent and reasonable man would consider adequate, in the circumstances of the case.
Relevant section
- Section 80, IPC – Accident in doing 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
Important case laws
The State Government vs Rangaswami 1952 CriLJ 1191 – the accused had seen a hyena 152 feet away and shot at its direction. But later on, it was found out that it was a person. He pleaded that it was raining and had a bonafide impression that it was a hyena and he, in order to protect the people around him, fired the shot. Court held that he will be entitled to the benefit under section 80 besides the other facts, there was no expectation of any other person being present in the area where the shot was fired which resulted in the death of a human being.
Bhupendra Sinha Chaudasama v. State of Gujarat 1998 Cri.LJ 57 – the appellant Bhupendra Singh an armed constable of special reserved police shot at his immediate superior head constable who died on the spot. The victim and the appellant were posted in the same platoon at khampla dam site which was in danger, some skirmishes developed and the deceased had taken the appellant to task on the ground of dereliction in discharge of work allotted to him. The appellant did not tightly take the diatribe hurled against him by the deceased and he was groping for some opportunity to retaliate. On the evening of 2-7-1983 the appellant noted the victim walking near the tower of the dam.
Points to remember
- Accident as a general exception is given under section 80 of the Indian penal code
- The term accident is derived from the Latin word accidere, which signifies ‘fall upon, befall, happen, chance’
- Section 80 gives statutory recognition to common law mens rea that there can’t be crime without criminal intention
- A man is not criminally responsible for actions done in a lawful act in a lawful manner by lawful means with care and caution.
- The accidental act should not only be without any criminal intention and a lawful act, but the said lawful act should also have been exercised with proper care and caution.
