BNS Section 18 — Accident in doing a lawful act

Summary

An act done by accident or misfortune is not an offence, provided it was done without any criminal intention or knowledge, and the act itself was lawful, done in a lawful manner, by lawful means, and with proper care and caution.

The illustration clarifies this: if a person is working with a hatchet and the head flies off, killing a bystander, the act is excusable and not an offence, as long as the person was not lacking in proper caution.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §80 — Accident in doing a lawful act