Home  /  Bharatiya Nyaya Sanhita  /  Section 18

Section 18: Accident in Doing a Lawful Act

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 80 IPC
Section 17 All 358 Sections of Bharatiya Nyaya Sanhita Section 19

Legal Commentary & Landmark Judgments: Section 18

Section 18 establishes the defense of accident in doing a lawful act, providing that nothing is an offence which is done by accident or misfortune, 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.

  • Complete Absence of Mens Rea: Done without any criminal intention or knowledge (actus non facit reum nisi mens sit rea).
  • Lawful Act, Manner & Means: The underlying activity must be completely lawful and performed through lawful procedures.
  • Proper Care & Caution: The actor must exercise reasonable care and prudence; gross negligence or rashness (Section 106 BNS) forfeits the defense.
Key Landmark Precedents:
  • Bhupendrasinh A. Chudasama v. State of Gujarat (1998) 2 SCC 603: The Supreme Court held that where a security guard fired at an unknown moving object without exercising proper care and caution, killing a fellow constable, Section 80 IPC (Section 18 BNS) accident defense could not be claimed.
  • Tunda v. Rex (1950) Cri LJ 402: Held that where two wrestlers engaged in a lawful bout and one sustained a fatal injury accidentally, the act was protected under the accident exception.
Courtroom Practice & Strategic Litigation Guidance:

In industrial factory accidents or surgical mishap prosecutions, lead safety inspection certifications, compliance with standard operating procedures (SOP), and training records to establish that proper care and caution were observed, securing acquittal under Section 18 BNS.

Section 17 All 358 Sections of Bharatiya Nyaya Sanhita Section 19