Accident in doing a lawful act
AI Assist
Summary
An accidental result of a lawful act, done without any criminal intention or knowledge and carried out in a lawful manner with proper care, is not an offence. It applies when the actor used lawful means and exercised reasonable caution. The consequence is that the act is excused and no criminal liability attaches.
Example
Ravi is chopping wood with an axe and the head flies off, killing a man standing nearby. If Ravi was using the axe lawfully and had taken proper care, the death is excusable and Ravi is not guilty of an offence.
Bare Act
Enacted textNothing 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.
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