Question

"A" is at work with a hatchel: the head flies off and kills a man who is standing by. If there was no want of a proper caution on the part of A, his act is excusable and not an offence. It is contained in

• A. Section 80 of IPC
• B. Section 84 of IPC
• C. Section 81 of IPC
• D. Section 85 of IPC

Hint:

The illustrations provided within the IPC sections are extremely helpful for understanding the application of the law. Many exam questions are based directly on these official illustrations.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question presents a scenario that is a classic illustration of a general exception in the Indian Penal Code (IPC). The core concept is an act done by accident, without any criminal intention or knowledge.

Step 2: Key Legal Provision:
Chapter IV of the IPC deals with "General Exceptions." These are situations where an act, which would otherwise be an offence, is not considered an offence.

Step 3: Detailed Explanation:
The scenario described is almost a direct reproduction of the illustration given in Section 80 of the IPC.
- Section 80 of IPC is titled "Accident in doing a lawful act." It states 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. The illustration to this section is: "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." This perfectly matches the question.
- Section 84 of IPC deals with the act of a person of unsound mind.
- Section 81 of IPC deals with an act likely to cause harm, but done without criminal intent and to prevent other harm (doctrine of necessity).
- Section 85 of IPC deals with an act of a person incapable of judgment by reason of intoxication caused against his will.

Step 4: Final Answer:
The principle that an accidental act done with proper caution is not an offence is contained in Section 80 of the IPC.