A, a workman throws snow from a roof giving a warning. A passer-by is killed. Has A committed any offence?

Question: A, a workman throws snow from a roof giving a warning. A passer-by is killed. Has A committed any offence?

Find the answer to the mains question only on Legal Bites. [A, a workman throws snow from a roof giving a warning. A passer-by is killed. Has A committed any offence?]

Answer

No, A has committed no offence as the death was accidental and the workman can take the valid defence of accident as per Section 80 of IPC.

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.

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.

All the above-mentioned ingredients are present in the workman case because he was doing his lawful duty in a lawful manner, and also had given a warning before throwing snow from a roof. The present case is a pure matter of accident and A can validly use this defence for committing no offence against the passer-by who got killed in this misfortune.

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