Code: Section 18 BNS
Section 18 – 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.
Explanation of Section 18 BNS
1. Purpose & Scope
This section provides legal immunity in cases where an act:
✅ Is lawful
✅ Is done in a lawful manner
✅ Is performed with due care and caution
✅ Results in accidental harm without criminal intent
2. Key Conditions for Protection
- The act must be lawful.
- It must be done with proper caution.
- The resulting harm must be accidental and unintentional.
- There should be no criminal intent or knowledge.
Illustration & Examples
Example 1: Road Accident Without Negligence
A is driving carefully on a road. A pedestrian suddenly jumps in front of the car, and A accidentally hits him. If A was not negligent, the act is not an offence.
Example 2: Sports Injury
During a football match, B tackles C as per the game’s rules. However, C falls and breaks a leg. Since B acted within the rules and did not intend to cause harm, it is not an offence.
Example 3: Construction Work Mishap
A construction worker drops a hammer while working on scaffolding. The hammer accidentally hits someone below, despite all safety measures being in place. Since the act was accidental and caution was observed, A is not liable.Common Questions & Answers on Section 18 BNS
1. How does the law differentiate between an accident and negligence?
- If the act was done carefully but still resulted in harm, it is an accident.
- If the act was done without due caution, it may be negligence, which can be punishable.
2. Can Section 18 BNS be applied in workplace accidents?
Yes, if proper safety measures were followed and the accident was unintentional, the person is not liable under Section 18 BNS.
3. Is accidental killing covered under Section 18 BNS?
Yes, if a death occurs without negligence and without criminal intent, it is covered under Section 18 BNS. However, if recklessness is involved, other laws may apply.
4. How does this section differ from Section 17 BNS?
- Section 17 BNS applies when a person believes they are justified by law.
- Section 18 BNS applies when harm occurs due to a genuine accident during a lawful act.
5. Can Section 18 BNS be misused as a defense?
Courts examine evidence of due caution. If a person ignored risks, Section 18 does not apply, and they may be charged under negligence laws.
Conclusion
Section 18 BNS protects individuals from liability when harm occurs accidentally during a lawful act, provided there is no negligence or intent. However, if proper care was not taken, other legal provisions may apply.
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