BNS Section 18: Accident in Doing a Lawful Act
Section 18 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It discusses the differentiation between actual crimes and mere accidents which is basically for the protection of the individual from the consequence of crime where actions lead to unintended results though made responsibly and within the confines of the law. The framework of Section 18 imposes a lot of emphasis on both intent and reasonable care for the application of legal accountability.
Definition of 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 and Illustration of Section 18 (Bharatiya Nyaya Sanhita, 2023)
This provision is aimed at distinguishing the intention to cause wrong and the result that comes from it, which, therefore, brings about justice in the judicial evaluation of harmful results. Here is an explanation of the same:
Accidental Harm: The provision further shows that if a person unintentionally causes harm or injury during a lawful act, such a person shall not be held liable if his actions were performed with due care and attention.
Criminal Intention and Knowledge:There should be no intent to commit crime or likely to cause harm. Once again, this brings forward the importance of intent in deciding legal responsibility.
Legal Intent and Care: The act should be done in a legal manner, lawful means, and reasonable care. This manner serves to let people be blamed only for acts of negligence or recklessness, whereas accidents which develop without reasonable care are not held responsible.
Example:
A is employed wielding a hatchet when the head separates and injures a bystander. In case it is found that while wielded, A could make no other choice better and no recklessness prevailed against A, A's action would be held not punishable and excusable by due caution.
This section serves to point out that no person should be surprised or misled when accidents do indeed happen, even during lawful actions. It will go toward providing a fair system for legal considerations, bearing in mind human conduct and unpredictable scenarios that might arise. The end is that people engage in the activities as law-abiding persons but with a guarantee that innocent accidental circumstances would not incur criminal liability.
Key Points of BNS 18
Differences Between Section 18 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 18 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 80), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 18 | Accident in doing a lawful act. | 80 | No change |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 18 of the Bharatiya Nyaya Sanhita (BNS)
What offense is defined under BNS 18?
BNS Section 18 addresses accidents that occur while performing a lawful act, indicating that such accidents may not constitute a criminal offense.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 18 of the BNS?
Section 18 of the BNS is part of Chapter III, which covers general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the significance of Section 18 in legal matters?
Section 18 is important as it clarifies that individuals acting lawfully are not held liable for unintentional accidents, promoting lawful behavior without fear of punishment for unforeseen consequences.
How does Section 18 differentiate between lawful acts and unlawful acts?
Section 18 specifically applies to lawful acts; if an accident occurs during an unlawful act, different legal principles would apply, potentially leading to liability.
Are there circumstances under which an accident during a lawful act could lead to liability?
Yes, if the lawful act is conducted negligently or recklessly, the individual may still be held liable for any resulting harm or injury.
Can Section 18 be used as a defense in all types of accidents?
No, Section 18 specifically pertains to accidents arising from lawful acts; each case will be evaluated based on its own facts and circumstances to determine applicability.
What does Section 18 state?
Section 18 of the BNS states that an act is not considered an offense if it was done accidentally or by misfortune, and without criminal intention or knowledge.
