Section 18 of Bhartiya Nyaya Sanhita 2023 No Criminal Liability for Lawful Acts Resulting in Accidents

Introduction

The Bhartiya Nyaya Sanhita (BNS) 2023 is India’s revised legal code that regulates criminal law. Section 18 is the specific provision regarding cases where a person, while doing a legal act with due care, by accident or misfortune, inflicts harm unintentionally. Such an act will not be regarded as an offense under this provision if there was no criminal intention or prior knowledge that harm could be infl

Legal Protection Under Section 18

Section 18 guarantees that people will not be punished for unforeseen outcomes when they are involved in legal acts done lawfully and with care. If there is an accident while a legal act is being carried out, the person is not criminally liable as long as there was no wrongful intent or lack of care. The law acknowledges that accidents happen in life and seeks to avoid unjust prosecution in such a situation.

For instance, an individual driving a vehicle cautiously and within the speed limit may still happen to get into an accident as a result of unforeseen road conditions. If the driver did not have the intention of causing harm and was obeying traffic regulations, the accident would not be classified as a crime under this subsection. Likewise, if a physician, while conducting a complicated surgery with all due precautions, encounters an unexpected complication resulting in the death of a patient, the law does not hold the physician criminally responsible as long as there was no negligence.  #### **Difference Between an Accident and Negligence**

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Section 18 offers protection only when a person exercises due care and caution while doing a lawful act.

In the event that the individual is irresponsible or negligent to the point where harm is brought about, such an act is not an accident but negligence. For example, if a demolitions worker working in a construction site, demolishing a structure, does not observe safety protocol and injures someone in his vicinity, that is negligence, not an accident. Conversely, if all necessary safety precautions had been taken and an unexpected occurrence resulted in harm, the worker would be safe under Section 18