BNS Section 18 - Accident In Doing A Lawful Act

BNS Section 18 of the recently established Bharatiya Nyaya Sanhita, 2023 (BNS) offers a legal blanket in that if an act that causes harm or even ends in death occurs in the course of an accident or misadventure, it is not an offense. It is significant to note, however, that this exemption only arises in a circumstance where (1) the act was lawful, (2) the act was performed lawfully, (3) the act was performed by lawful means, (4) care and caution were observed by the actor, and (5) the actor has no criminal intention or criminal knowledge.

This section is also significant in recognizing that inadvertent and unintended consequences can arise from lawful action, and therefore cannot be held accountable in the face of the law. It is important to note, too, that BNS Section 18 is the direct equivalent and re-enactment of IPC Section 80 (Indian Penal Code, 1860) and carries forward established principles from the IPC into a new criminal code.

In this article on BNS Section 18, you will get to know about

• Simplified Explanation Of BNS Section 18.
• Key Elements of Section 18 of BNS & Illustrations.
• FAQs.

Legal Provision

Section 18 of the BNS ‘Accident in Doing A Lawful Act’ states:

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.

Simplified Explanation Of BNS Section 18

Consider that you are carrying out actions that are completely lawful, using completely legal tools and methods, and you are following all of the required safety policies. Everything has gone according to your plan. You did everything legally required of you. An unexpected occurrence takes place – an accident – and you inflict bodily harm on someone. BNS Section 18 says that in such a situation, you did not commit an offence.

Section 18 Of BNS: Key Elements

The key elements of Section 18 of the BNS are:

• An Accident or a Misfortune: This means an event that is unforeseen, unexpected, and beyond the control of the person causing the act. It is something that happens unintentionally.
• Without Any Criminal Intention or Knowledge: This is a core requirement. The person causing the harm must have had no inclination to commit a crime or any knowledge that their lawful act is likely to cause the specific harm that has come to pass. Their mindset must be innocent about the harmful consequences.
• Doing A Lawful Act: The act being done must necessarily be one in itself. For instance, chopping wood in your garden is a lawful act. Driving a car down an open public road with a valid license is also a lawful act.
• In a Lawful Manner: The way the lawful act is conducted must also be legal and permissible. Driving the car is permissible; yet, driving it culpably, that is, against traffic signals, is not a lawful way.
• By Lawful Means: The methods or instruments used to carry on the lawful act must be legal too. The lawful means include using your own tool for a lawful purpose.
• With Clarity and Care: By this, we mean that the person doing the lawful act is under an obligation. They should properly and rightly maintain caution with any such potential cause of harm. Negligence or want of due care will extinguish the defence under this section.

Key Details Of BNS Section 18

Practical Examples Illustrating BNS Section 18

The examples of Section 18 of BNS are:

Driving Accident

B was driving his car on a public road, observing all traffic rules and exercising reasonable care while driving. Suddenly, there was a tire burst due to a manufacturing defect that was discovered later, thus causing the car to veer and injure a pedestrian. If the tire burst was altogether unexpected in the circumstances and B acted reasonably in the emergency, this may qualify as an accident under BNS Section 18, exonerating B from any criminal liability for the infliction of the injury. However, if B was speeding or driving negligently, such protection would probably not be available.

Medical Procedure

C, who is a surgeon, is performing a difficult but necessary and legal surgery on a patient, following all medical standards and protocols, and taking due precautions. For no negligence or error on C's part, a rare and unexpected complication occurs in the surgery, and the patient dies. If that complication was purely an accident, C probably has some degree of protection under BNS Section 18.

Key Improvements And Changes: IPC Section 80 To BNS Section 18

Upon direct inspection, it is clear that BNS Section 18 is a verbatim replica of IPC Section 80, with no differences in the wording or the underlying principle from a legal perspective. This demonstrates that the legislature had the intent to retain the established meaning and understanding of this significant defense concerning acts that were accidental.

Thus, rather than looking for "improvements and changes," it makes more sense to say that BNS Section 18 simply continues and endorses the existing legal protection under IPC Section 80, therefore maintaining the current law that concerns causing accidental harm during the commission of a lawful act. The only thing that is of great significance is that it is present in the new Bharatiya Nyaya Sanhita, so it can continue to form part of the reformed criminal justice system in India.

Conclusion

Just like Section 80 of the Indian Penal Code, this section 18 of BNS is also an important section in Indian law. This provision or section clearly states that any genuine accident occurring during the proper course of a lawful act without any criminal intentions or knowledge, in proper care and caution, should not be treated as an offense. This section balances the holding of people liable for their acts, while still keeping in mind that mishaps do occur even with reasonable behavior. The persistence of this section in the Bharatiya Nyaya Sanhita only indicates the significance that is still attached to the importance of these concepts in principles of justice and fairness, or otherwise, when dealing with unintended outcomes.

FAQs

A few FAQs on Section 18 of the BNS are:

Q1. Why was IPC Section 80 revised and replaced with BNS Section 18?

IPC Section 80 is not amended or repealed. BNS Section 18 is its equivalent in the Bharatiya Nyaya Sanhita, 2023. The whole Indian Penal Code, 1860, has been repealed and is now replaced by the BNS with the systemic reform of the criminal justice system. The inclusion of the same language in BNS Section 18 assists in the succession of this legal principle.

Q2. What are the main differences between IPC Section 80 and BNS Section 18?

From the analysis of IPC Section 80 and BNS Section 18, it can be said that the two do not have much difference, either in phraseology or in legal principle. There are differences in the provisions which are subconsciously different, but BNS Section 18 is an Article of the new criminal code corresponding to IPC Section 80.

Q3. Is BNS Section 18 a bailable or non-bailable offense?

BNS Section 18 does not define an offense. It gives a defense to a person against liability for an act that is an offense. So, bailable or non-bailable does not directly pertain to this section. If the act, even if it is accidental, is charged as a cognizable and non-bailable offense (e.g., culpable homicide not amounting to murder), the first charge could be non-bailable. However, if the defense of BNS Section 18 successfully applies to the act, the accused will be acquitted.

Q4. What is the punishment for offense under BNS Section 18?

Since BNS Section 18 states that "nothing is an offence" under the specified circumstances, there is no punishment prescribed under this section. If the defense is successful, the accused is acquitted of any criminal liability.

Q5. What is the fine imposed under BNS Section 18?

Similar to the punishment, no fine is imposed under BNS Section 18 because it negates the existence of an offense in the defined circumstances.

Q6. Is the offense under BNS Section 18 cognizable or non-cognizable?

Once again, BNS "section 18" does not define an offence. The cognizability or non-cognizability would depend on the underlying act that had caused harm. If that act, done with the intent to harm, was an offence, cognizable, the initial investigation could progress as such. Once it could successfully raise the BNS Section 18 defence, of course, it would lead to acquittal.

Q7. What is the BNS Section 18 equivalent of IPC Section 80?

BNS Section 18 is the direct and word-for-word equivalent of IPC Section 80.