Accident in doing a lawful act
Section 18 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 18, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 80 Accident in doing a lawful act Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B. Jagdish vs State of A. P.
Decided under Indian Penal Code 80, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the stage of taking cognizance or quashing of charges in medical negligence cases, if the materials brought on record by the complainant, taken at face value and assumed to be wholly correct, disclose the existence of an offense or a prima facie case, the court cannot quash the proceedings merely because there are conflicting expert opinions or because the accused produces defense materials. The determination of which opinion ultimately prevails is a matter for the trial court upon consideration of all evidence. The High Court's jurisdiction under Section 482 CrPC to quash is limited and should be exercised only in rare and exceptional cases with unimpeachable evidence. A person professing to be a specialist must possess the requisite specialized expertise; lacking such expertise amounts to professional negligence. Criminal liability for medical negligence requires gross or reckless negligence, not mere error in diagnosis or judgment, distinguishing it from civil liability.
On this section: Act of a person who by reason of a mistake of fact believes himself to be bound by law—discussed but found not applicable in this case where doctor was professionally bound to exercise specialized care
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 18
What have the courts held on Section 18 of the Bharatiya Nyaya Sanhita?
B. Jagdish vs State of A. P. (16 Dec 2008) is the leading judgment on this section among those set out below, though it was decided under IPC 80, which this section replaced -- the court never mentioned this Act: Act of a person who by reason of a mistake of fact believes himself to be bound by law—discussed but found not applicable in this case where doctor was professionally bound to exercise specialized care.
How do I find court cases under Section 18 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 18, section 18 BNS, section 18 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B. Jagdish vs State of A. P. (16 Dec 2008).
What should I read with Section 18 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 80 (Accident in doing a lawful act), so the judgments decided under that provision are the case law on this one.
When did Section 18 of the Bharatiya Nyaya Sanhita come into force?
Section 18 of the Bharatiya Nyaya Sanhita, cited as BNS 18, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.