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Which provision of the Bharatiya Nyaya Sanhita, 2023 sets out the general exception for an accident in…

Section 18 applies to an accident or misfortune without criminal intention or knowledge when the person is doing a lawful act in a lawful manner, by lawful means, and with…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 sets out the general exception for an accident in doing a lawful act?

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Answer and explanation

Correct answer C

Section 18 applies to an accident or misfortune without criminal intention or knowledge when the person is doing a lawful act in a lawful manner, by lawful means, and with proper care and caution. Former IPC section 80 used the corresponding test.

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Option A

Section 17 deals with an act justified by law or believed to be justified on a good-faith mistake of fact.

Option B

Section 16 concerns acts done pursuant to a court’s judgment or order while it remains in force, subject to the section’s conditions.

Option C

Correct: Section 18 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 80 IPC) provides that 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.

Option D

Section 18 expressly provides the accident exception.

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