Discuss, with illustrations, accident as a defence in a criminal trial.

Question: Discuss, with illustrations, accident as a defence in a criminal trial.

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Answer

Section 80 of the Indian Penal Code, 1860 deals with the defence of an Accident in doing a lawful act. The provision states that nothing is an offence that 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.

For example, 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. Here, Section 80 exempts A from liability if the act is committed unintentionally, by mistake, without any criminal purpose or understanding and the accident occurs while performing a lawful act in a legal manner and by legal means in which proper care and prudence are exercised.

The provision actually exempts the perpetrator from any unforeseen result that may arise from an accident of an innocent or lawful act in an innocent and lawful manner. The essential ingredients for an act or misfortune to operate as a mitigating factor are:

• The act was a pure accident or misfortune,
• It was not caused by any criminal intention or knowledge,
• It was the consequence of lawful actions carried out by lawful means,
• It was carried out with due care and caution.

The provision is well illustrated in State Government of Madhya Pradesh v. Rangaswamy [AIR 1952 Nag 268] in which the respondent shot at a point 152 feet away. He found himself shot at a human being to his horror. The defendant argued that he had the bona fide belief that the shot target was a hyena he had seen the day before.

It was raining at the time of the shooting, so he didn’t expect a man to be present at the spot in question. The act of causing death was considered to be purely an accident and the accused was protected under section 80.

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