Section 80 IPC: Accident in doing a lawful act

Indian Penal Code, 1860

Section 80 IPC at a Glance

Section 80 IPC deals with accident in doing a lawful act. From 1 July 2024 it is replaced by Section 18 BNS.

Punishment

None. Section 80 IPC creates no offence.

BNS Equivalent

Section 18 →

Section 80 IPC Bare Act Text

80. 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 80, Indian Penal Code, 1860

Section 80 IPC in Simple Words

Section 80 of the Indian Penal Code (IPC) protects an 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.

Ingredients of Section 80 IPC

  • 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 80 IPC

Imprisonment

None. Section 80 IPC creates no offence.

Fine

None.

Section 80 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 80 IPC

In 2017 in Ludhiana, a farmer, Gurpreet Singh, was digging an irrigation trench on his own fenced land using a well-maintained spade. He performed that lawful act in a lawful manner by lawful means and exercised proper care and caution after checking that nobody was standing near him. His spade struck a buried stone hidden beneath the soil, causing a sharp pebble to ricochet and strike his helper, Balwinder Gill, on the forehead. The injury happened purely by accident and misfortune, without any criminal intention or knowledge on the part of Gurpreet Singh. The act is not an offence because of Section 80 IPC.

When Section 80 IPC Does Not Apply

  • Section 80 IPC does not apply when the person causes harm while engaged in an unlawful act.
  • Section 80 IPC does not apply when a lawful act is performed in an unlawful manner or by unlawful means.
  • Section 80 IPC does not apply when the person fails to exercise proper care and caution while doing the act.
  • Section 80 IPC does not apply when the person acts with criminal intention or with knowledge that harm is likely.

Section 80 IPC in the BNS

Section 80 IPC is now covered under Section 18 BNS.

Section 18 BNS keeps the exception in the same words.

View detailed comparison (IPC 80 vs BNS 18) →

FAQs on Section 80 IPC

What does Section 80 IPC say?▼

That nothing is an offence which is done by accident or misfortune, without criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Does Section 80 IPC protect a careless act?▼

No. Proper care and caution is one of the conditions.

Under Section 80 IPC, does the act itself have to be lawful?▼

Yes. The act, the manner and the means must all be lawful.

Is Section 80 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 80 IPC?▼

Section 18 BNS, in the same words.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·