WHAT IS ACCIDENT?

The term accident has been defined under Section 80 of the Indian Penal Code, 1860. The term accident has been considered as an exception in Criminal Law. According to Section 80, an offence done without criminal intention or knowledge in doing a lawful act lawfully by lawful means with proper care and caution is known as an accident.

 Furthermore, under Section 87 it has been described that nothing will be an offence if the act has been done not to cause death or grievous hurt, or the act has been done with the consent of a person who is 18 years and above.

Hence the essential ingredients of an accident are:

• Lawful Act
• Absence of Criminal Intention
• Proper Care and Cautions

ACT NOT DONE WITH PROPER CARE

The Hon’ble Apex Court in Shankar Narayan Bhadolkar vs the State Of Maharashtra has laid down a settled principle of law that if an offender did the act. However, the intent is absent; the same has been done with lack of proper care, then the offender is not entitled to an exception under section 80. The Court further held that Section 80 protects an act done by accident or misfortunate 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. The primordial requirement of Section 80 is that the act which killed the other person must have been done "with proper care and caution". 

While dismissing the appeal, the court further observed that the amount of care and circumspection took by an accused must be one taken by a prudent and reasonable man in the circumstances of a particular case. Where the accused's act is itself criminal in nature, the protection under Section 80 is not available. If the accused pleads exception within the meaning of Section 80, there is a presumption against him and the burden to rebut the presumption lies on him.

According to the evidence on record, it was found that the accused picked up the gun, unlocked it, loaded it with cartridges and shot the gun from a close range of about 4/5 ft. aimed at his chest. Hence, as per the evidence on record, Section 80 has no application.

PRESENCE OF CONSENT

The Hon’ble Allahabad High Court in the matter of Tunda vs Rex   AIR 1950 All 95 has laid down principles of section 80 and section 87 of Indian Penal Code that there is a presence of consent between the parties, the accused will not be held guilty.

The present case's position is that the appellant and deceased were friends, both fond of wrestling, and the injury was sustained by Munshi accidentally. When they agreed to wrestle with each other, there was an implied consent on each to suffer accidental injuries. There is no proof of any foul play on the part of the appellant.

The present case falls completely within Sections 80 and 87, Penal Code. The appellant is not guilty under Section 304A.

Author: Shweta Singh