Section 18 BNS: Accident in doing a lawful act

Bharatiya Nyaya Sanhita, 2023

Section 18 BNS at a Glance

Section 18 BNS deals with accident in doing a lawful act. It replaced Section 80 IPC on 1 July 2024.

Punishment

None. Section 18 BNS creates no offence.

IPC Equivalent

Section 80 →

Section 18 BNS Bare Act Text

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.

Source: Section 18, Bharatiya Nyaya Sanhita, 2023

Section 18 BNS in Simple Words

Section 18 of the Bharatiya Nyaya Sanhita (BNS) protects a person who causes harm by accident or misfortune, without any criminal intention or knowledge, while doing a lawful act in a lawful manner by lawful means and with proper care and caution. The idea is simple: if there was no criminal intent or knowledge, no want of proper caution, and the act was done lawfully, the law does not punish a genuine accident. This section often applies in cases involving work activities, driving, or other lawful tasks where unexpected harm occurs despite proper care.

To get the benefit of this protection, the act itself must be lawful, the manner and means of doing it must be lawful, and the person must have acted with proper care and caution. If negligence, rashness, criminal intent, or unlawful conduct is present, this section will not help. In practice, this section is a defence.

It is used to show that the incident was an accident, not a crime. Courts examine the facts closely, especially the conduct of the person before and during the act.

Ingredients of Section 18 BNS

  • The act is done by accident or misfortune
  • There is no criminal intention or knowledge in the doing of it
  • The act is a lawful act, done in a lawful manner by lawful means
  • It is done with proper care and caution

Punishment Under Section 18 BNS

Imprisonment

None. Section 18 BNS creates no offence.

Fine

None.

Section 18 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 18 BNS

In Kochi, a mason, Thomas Joseph, is repairing a roof and drives a nail with proper care. The hammer head snaps and falls, injuring a passer-by. He had no intention or knowledge of harm and took proper care in a lawful job, so under Section 18 BNS the injury is an accident and not an offence.

When Section 18 BNS Does Not Apply

  • The act itself is not a lawful act
  • The act is done in an unlawful manner or by unlawful means
  • The act is done without proper care and caution
  • The act is done with criminal intention or knowledge

Section 18 BNS in the IPC (Previous Law)

Section 18 BNS replaces Section 80 IPC from the old criminal code.

Section 18 BNS keeps the exception in the same words.

View IPC Section 80 →

FAQs on Section 18 BNS

Does Section 18 BNS give automatic protection in every accident case?▼

No. The protection applies only when the act itself was lawful and was done with due care and caution. If there was negligence, rashness, or any unlawful conduct, the section will not apply.

Can Section 18 BNS be used in road accident cases?▼

Yes, but only in limited situations. A driver may rely on it if the act was lawful and the accident happened despite proper care. If the driving was rash or negligent, other penal provisions may apply instead.

Is Section 18 BNS a defence or an offence?▼

It is a defence provision, not an offence. A person uses it to show that the incident was accidental and legally protected, so no criminal punishment should follow.

What is the difference between an accident and negligence under Section 18 BNS?▼

An accident is an unintended event that happens despite lawful conduct and proper care. Negligence means there was a failure to take reasonable care, and that can take the case outside Section 18 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·