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Accident and Necessity
Accident and Necessity
Ankita Mohanty
The article discusses the Accident and Necessity. Some people are
immune from the criminal law operation. Chapter IV of the IPC, entitled
‘General Exceptions,’ which contains sections 76 to 106, exempts certain
citizens from criminal liability. Acts done by accident or misfortune or
because of necessity are justifiable acts and ultimately exempt an
individual from criminal liability.
I. Introduction to Section 80
Section 80 of the Indian Penal Code, 1860: 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.
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.”
Not only should the accidental act be without any criminal intent and a
lawful act, but it should also have been exercised with “proper care and
caution.” What is required is not the utmost consideration, but adequate
precaution that, in the circumstances of the case, a reasonable and
prudent man would consider appropriate.
One of the key provisions of s 80 is that the act must have been carried
out with due care and caution and that the amount of care and
In Sita Ram v State of Rajasthan [4], the accused dug a spade into the
ground. The deceased came to pick up the mud. The spade hit on the
head of the deceased and he succumbed to the injuries. The defendant
claimed it to be an accident.
The Rajasthan High Court held that the accused knew that the mud
would be picked up by other workers. The accused was not careful and
cautious and was negligent. Under s 304A, IPC, he was sentenced.
Illustrations
Here, if A alters his course without any intention to run down the boat C
and in good faith for the purpose of avoiding the danger to the
passengers in the boat B, he is not guilty of an offence, though he may
run down the boat C by doing an act which he knew was likely to cause
that effect if it be found as a matter of fact that the danger which he
intended to avoid was such as to excuse him in incurring the risk of
running down the boat C.
Doctrine of Necessity
1. KI Vibhute, PSA Pillai’s CRIMINAL LAW, 11th ed, 2012, Lexis Nexis.
2. Ratanlal & Dhirajlal, THE INDIAN PENAL CODE, 35th ed, Lexis Nexis.
[1] Blackstone’s Criminal Practice 2003, Peter Murphy (ed), Oxford, 2003,
p 34.