Accident in doing a lawful act
AI Assist
Summary
An act that accidentally causes harm while doing a lawful act in a lawful way, by lawful means, and with proper care is not an offence if there was no criminal intention or knowledge. It applies when the harm results from misfortune or accident, not from negligence or deliberate wrongdoing. The consequence is that the actor is excused and not criminally liable.
Example
Rohan is using a power saw at his shop. The blade shatters and injures a helper standing nearby. If Rohan was operating the saw lawfully, with proper care and without any criminal intent or knowledge, his act is excusable and not 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.
Illustrations
(1) 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.
Previous year papers
Pick your exam. we'll email the most recent paper.