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'Accident' as a defense under Section 80 of IPC.
'Accident' can be found defined under Section 80 of the Indian Penal Code under general exceptions. The word ‘accident’ is used almost daily over a day but what does it mean? 'Accident' is used to define an action that occurs without intent and it is something which no one has control over. Even after due diligence and caution, it cannot be avoided. It is a mishap that occurs outside the scope of one’s ability to track events. Actus non facit reum nisi mens sit rea- which means that only a criminal act is not enough. An act must be coupled with a guilty mind or criminal intent to impose punish for an act. Law does not intend to punish a person for an act which he had no control over. The criminal law searches for a guilty mind behind a criminal act to punish a person for the criminal act committed by him. This means that when a person does not intend for a criminal act and the act is such that it could not even be contemplated, the person gets a defence of accident.
Looking into the essentials of an accident, the phrase “nothing is an offence” is frequently used in the provisions of general exceptions. This phrase has to be read simultaneously with Section 6 of the Penal code which states that offences have to be read concerning the exceptions. That means that if an offence fulfils the grounds and satisfies all the criteria of Section 80, it will not be termed as an offence.
The next essential to be remembered is that the act must be done by accident or misfortune. Whenever we use the word accident, it means an act which happens beyond the control of a person. It is an event which a person has no control over. It means that no one was at fault of the unthinkable event. Coming to the second word, ‘Misfortune’ refers to bad luck leading to an unintended event. Both the words have a similar meaning; the only difference is that in case of misfortune the doer also receives some hurt.
The act must be done without criminal intent or knowledge. Mens rea is an important sector which determines if a person should be punished for an act. Intentions mean that the person brought into effect what he thought or formulated in his head, the act was intended to happen. The act done must be lawful and must be done by lawful means and in a lawful manner. For example, when two people fence, it is a lawful act done lawfully with lawful means and with an implied consent from both the parties. Thus, injuries suffered in such cases will be termed as an accident. The acts occurring due to criminal negligence must be differentiated. In the case of criminal negligence, there is a negative mens rea where the person disregards the consequences of the act totally. This is not the case in an accident.
Thus, a person must have the benefit of Section 80 to liberate oneself from liability when an act which is unintended causes hurt.
