Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐ Section 79 โ Act done by accident without criminal intent
โ๏ธ What Section 79 says (in simple terms):
If a person causes harm or injury by accident,
And there is no criminal intention (no mens rea) to cause such harm,
And the act was done without any criminal negligence or rashness,
Then that person cannot be held criminally liable for that act.
๐งพ Breakdown of Key Elements:
| Element | Explanation |
|---|---|
| Harm caused by accident | The injury or damage happened unintentionally and unexpectedly. |
| No criminal intent | The person did not have the intention to cause harm or commit a crime. |
| No negligence or rashness | The act was not due to carelessness or recklessness. |
| Exemption from liability | The person is exempted from criminal punishment for that act. |
๐ Purpose of Section 79:
To distinguish between criminal acts and accidents.
To avoid punishing people for genuine accidents where no wrongdoing occurred.
To protect those who act responsibly but cause harm unintentionally.
๐ Example:
A driver suddenly encounters an unexpected obstacle and despite careful driving, accidentally hits a pedestrian.
If it is proven that there was no negligence or intent, the driver may be protected under Section 79.
๐จ Important Notes:
This section does not protect acts done with negligence or recklessness.
It applies only when harm is purely accidental and unavoidable despite due care.
Acts with any element of intent or fault fall outside this protection.
RELATED Blog
0 comments