BNS Section 18
BNS Chapter III: General Exceptions
18. Accident in doing a lawful act
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.