Section 80 IPC excuses an act done by accident or misfortune. The four conjunctive conditions of Section 80 are:
Athe act must be (i) by accident or misfortune, (ii) without criminal intention or knowledge, (iii) in the doing of a lawful act, (iv) in a lawful manner by lawful means and with proper care and caution
Bthe act must be (i) public-spirited, (ii) done under official directions, (iii) socially beneficial, (iv) approved by a magistrate within twenty-four hours (cf. IPC, Section 80 (Accident in the doing of a lawful act))
Cthe act must be (i) authorised by statute, (ii) done with consent, (iii) done in good faith, (iv) the harm caused must be minor and reversible (cf. IPC, Section 80 (Accident in the doing of a lawful act))
Dthe act must be (i) a single isolated act, (ii) a first offence by the person, (iii) suffered by a consenting adult, (iv) not endangering life or limb (cf. IPC, Section 80 (Accident in the doing of a lawful act))
Answer & Solution
Correct answer: A. the act must be (i) by accident or misfortune, (ii) without criminal intention or knowledge, (iii) in the doing of a lawful act, (iv) in a lawful manner by lawful means and with proper care and caution
1. Section 80 IPC reads: '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.'
2. The four cumulative ingredients are exactly as in option A.
3. The classic illustration: a man at work with a hatchet head flies off and kills a person standing by — no offence under Section 80 if the wood-cutter was acting carefully and lawfully.
4. Failure of any one ingredient (e.g. negligence or unlawful means) defeats Section 80.
5. Hence option A is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 80 (Accident in the doing of a lawful act)_
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