A is at work with a hatchet; the head flies off and kills a man who is standing by. What offence has been committed by A?

Question: A is at work with a hatchet; the head flies off and kills a man who is standing by. What offence has been committed by A? [R.J.S. Exam, 1986, WBCJ 2004]

Find the answer to the mains question only on Legal Bites. [A is at work with a hatchet; the head flies off and kills a man who is standing by. What offence has been committed by A? [R.J.S. Exam, 1986, WBCJ 2004]

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.

An essential requirement in order to bring an action within the meaning of the term ‘accident’ used in s 80 which means an accidental, unforeseen act. It implies the idea of something that was not only unintended but so little expected that it came as a surprise. An outcome is said to be unintentional if the act by which it is induced is not performed with the intention of causing it, and if its incidence as a consequence of such action is not so possible that a person of ordinary prudence would take reasonable care against it in the circumstances in which it is done.

Further, the establishment of the act without any “criminal intention or knowledge” is essential. This must be with no mens rea or guilty mind, in other words. An act which the doer intended or knew could obviously not have been an accident. The section also includes injuries caused by gaming and sports events.

In State Government of Madhya Pradesh v. Rangaswamy [AIR 1952 Nag 268], 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.

Therefore, in the given case A has committed no offence as the act of A who was at work with a hatchet; the head flies off and kills a man who is standing by is a result of an accidental act or misfortune and A had no criminal intention or was negligent in his actions which resulted in the death of the deceased. Hence, A is entitled to the protection of the act of accident as a defence under Section 80 of the code.

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