Accident Law PDF
Document Details
Uploaded by Deleted User
Tags
Related
- Unit 1: The Law Enforcement Officer Profession Lesson 1: The Roles of a Law Enforcement Officer PDF
- Hollywood Police Department SOP 225 Towed or Impounded Vehicles PDF
- Moot Court Problems Criminal & Civil with Guidelines PDF
- Lecture 1 - Tort Law Introduction PDF
- Lecture 1 - Tort Law Introduction PDF
- Lebende PDF - Rechtsmedizinische Untersuchungen
Summary
This document discusses the legal concept of accident, particularly regarding criminal liability. It outlines the principles and elements associated with accidents in relation to lawful acts and provides relevant case examples to illustrate these concepts. The document also clarifies how an accident is differentiated from other types of criminal offences.
Full Transcript
**Accident** (SECTION 18 BNS AND SECTION 80 IPC) With this defence a person can escape criminal liability where such act of person occurs as a result of accident. Such act must be devoid of intention. Law does not intend to punish a man of the things over which he could possibly have no control. S...
**Accident** (SECTION 18 BNS AND SECTION 80 IPC) With this defence a person can escape criminal liability where such act of person occurs as a result of accident. Such act must be devoid of intention. Law does not intend to punish a man of the things over which he could possibly have no control. Section 18 of BNS talks about accident as a general defence. ***Section 18 BNS** : 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 An accident must be unintentional and unexpected. It implies to happening which cannot be predicted by prudent man. According to *Section 18 BNS* , any act done without criminal intent or with knowledge with proper care and precaution while doing a lawful act in a lawful manner with lawful means, will constitute as an accident. However, if there is no connection between the harm and the act, then there may be no liability for the harm caused. **Essential elements of Section 18 BNS** 1\. Act should be done by accident. 2\. Act should be without any criminal intention or knowledge. 3\. While doing a lawful act in a lawful manner by lawful means. 4\. With proper care & caution. **Accident in doing a lawful act** Actually, it is based on a principle that no act is an offence unless the one doing it has done it with criminal intention. Section 18 sheds light on the fact 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 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 standing nearby. Here, if proper precautions were not taken on behalf of A, then his work shall be excusable as per mentioned in the general defence of IPC and not an of offence. **Cases** ***State of Orissa v. Khora Ghasi (1978) Cri LJ 1305***, in this case, the accused killed the victim by shooting an arrow with the bona fide belief that he was shooting a bear that entered into the fields to destroy his crops, the death was said to be accident. If the accident occurs while doing an unlawful act, the act would not attract the provision of *Section 18 BNS*. In ***Jogeshwar V. Emperor (24 Cri LJ 789)*,** the accused was giving the fist blow to the victim but accidently hit his wife who was holding her 2 month old child, the blow hit the head of the child which resulted in his death. It was held that even though the child was hit by accident, the act was not lawful, not done by lawful means or in a lawful manner.
