● Retained in BNS
Nothing is an offence if it happens by accident or misfortune while doing a lawful act, lawfully, with proper care -- unchanged under BNS Section 18 from IPC 80.
Section 80 IPC excused anything done by accident or misfortune, without criminal intention or knowledge, while doing a lawful act in a lawful manner by lawful means and with proper care and caution -- illustrated by a workman's tool-head accidentally flying off and causing death despite proper care having been taken.
BNS Section 18 reproduces the exception and illustration verbatim, word for word -- no substantive change.
Nothing changed -- identical text, pure renumbering from IPC 80 to BNS 18.
This general exception is itself a defence: a genuine accident occurring during a lawful act, done lawfully and with proper care, negates criminal liability.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons