Q. . What is an act excusable on the ground of its being
done by accident or misfortune ? Cite illustrations.
Ans. ACCIDENT IN DOING A LAWFUL ACT :
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Section 80 provides that 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. A is at work with a hatchet; the head files 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. The essential ingredients to constitute a
justifiable plea ofaccident or misfortune are :
(1) that the act was done by accident or misfortune ;
(2) that it was done without any criminal intention ;
(3) that it was the doing of a lawful act ;
(4) in a lawful manner;
(5) by lawful means; and
(6) with proper care and caution.
If has been held that where two persons went out to shoot
animals and agreed to take up certain position in the jungle
and lie in wait, but after a while the accused heard a rustle
and believing it to be an animal fired in that direction but
the shot killed his companion, the Case was held to be one
of pure accident, although the gun used was an unlicensed
one. But where the accused was engaged in a fight in which
a woman intervened, whereupon the accused aimed a blow
at her, but it accidentally killed the infant she was carrying,
it was held that the. case was not protected by the
provisions of Section 80 as the assault on the woman was a
wrongful act.