Principle Nothing is an offence which is done by accident or misfortune and without any criminal int...........

Code of Criminal Procedure (CrPC) 1973 Others

Principle: 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 car e and caution.

Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.

'B's death is not accidental, as there was want of proper care and caution on the part of 'A'.

'B's death is accidental, as 'A' had no intention to kill 'B'.

'B's death is accidental, as 'A' was just pointing the gun playfully at 'B'.

'B's death is accidental, as 'A' did not have the knowledge that the gun is loaded.

Explanation:

In order to take the defence of accident successfully it is essential prove that the act is lawful and is being carried out in a lawful manner, with proper care and caution. 'B's death is not accidental, as there was want of proper care and caution on the part of 'A'.