TOPIC: Accident, misfortune and inevitable accident: A Study.

A Proposal made by: - Name- Sahil Suman

Roll-1849 B.B.A.LL. B

A Proposal submitted to: - DR.FR.PETER LADIS

F

A research proposal submitted in partial fulfilment for the course (criminal law I)
for attaining the degree B.A.LL. B(Honrs).

August, 2018

Chanakya National Law University, Nayanagar Mithapur Patna-800001

INTRODUCTION

Mistake and misfortune is dealt in section 80 of IPC 1860 and inevitable accident is dealt in
section 81 of IPC 1860. Section 80 and section 81 are analogous, the former dealing with
accident and the latter dealing with inevitable accident. However there is a difference as to
the nature and extend of mens rea prescribed under both the sections. Section 80 stipulates
the absence of criminal intention as well as criminal knowledge but section 81 stipulates the
absence of criminal intention alone.

Section 80: Accident in doing a lawful act.

"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 protection under this section will apply only if the act is a result of an accident or a
misfortune. The word 'accident' is derived from the lain word 'accidere' signifying 'fall upon,
befall, happen, chance'.

To bring an act within the legal meaning of the term 'accident', an essential requirement is
that the happening must be one to which human fault does not contribute.

Accident and misfortune means not just the happening of the unexpected or unintended event,
but it also means that such unexpected or unintended event, but it also means that such
unexpected or unintended act resulted in injury to another. Thus,even injuries in sports and
games are covered in this section.

SECTION 81 of the INDIAN PENAL CODE: "act likely to cause harm, but done without
criminal intent, and to prevent other harm"- Nothing is an offence merely by reason of its
being done with the knowledge that it is likely to cause harm, if it be done without any
criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding
other harm to person or property.

EXPLANATION: It is a question of fact in such a case whether the harm to be prevented or

avoided was of such nature and so imminent as to justify or excuse the risk of doing the act
with the knowledge that it was likely to cause harm.

Example, A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading. He does this with the intention in good faith of saving human life and property.
Here, if it be found that the harm to be prevented was of such a nature and so imminent as to
excuse A's act. A is not guilty of the offence.

Necessity is meant by a situation where conduct promotes some value higher than the value
of the literal compliance with the law. It is on the principle of expediency that the law has
recognized necessity as an excuse in criminal cases. In other words, what necessity forces it
justifies, namely quod necessitas, cogit defendit.

OBJECTIVE OF THE STUDY

The researcher intends to find out the difference between accident or misfortune and
inevitable accident.

HYPOTHESIS:

1) The researcher presumes that there is no need of absence criminal knowledge along
with the absence criminal intention in every case to get criminal immunity but in
some cases only the absence of criminal intention is sufficient to get criminal
immunity.

RESEARCH METHODOLOGY

The researcher has adopted a purely doctrinal method of data collection.

.SOURCES OF DATA

PRIMARY SOURCES

1. IPC
2. Legislative Provisions
3. Case laws
SECONDARY SOURCES
• Books

• Newspaper

• Websites

• Journals

• Magazines

REVIEW OF LITERATURE

The researcher has examined the primary and secondary sources of data in the project. The
primary sources is the Indian Penal Code, legal provisions and case laws. The secondary
sources are books, journals, magazines, newspaper etc.

LIMITATION

The present research is confined to a time limit of one month. The researcher has used
purposive and convenient method of data collection due to paucity of time and various
limitations of Research which includes Money, area, language etc

SCOPE OF THE STUDY

This research work on “Accident, misfortune and inevitable accident: A case study” may
be utilised for studying various instances of getting criminal immunity.

TENTATIVE CHAPTERISATION

1.INTRODUCTION

2.CRITICAL ANALYSIS AND DIFFERNCE BETWEEN SECTION 80 AND

SECTION 81.

3.CASE STUDY

4. CONCLUSION AND SUGGESTION

 BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough

proposal:

Primary sources:

Primary sources include statutes, acts etc.

STATUTES AND ACTS:

1. Indian Penal Code 1860

Secondary sources:

Secondary sources include books, articles, magazines, journals, websites etc.

 BOOKS:
1. Author: Ratanlal & Dhirajlal, Indian Penal Code , Published by Lexis Nexis, Edition:
35th , (2017)
 WEBSITE:
1. https://fedsoc.org/commentary/publications/the-mens-rea-component-within-the-
issue-of-the-over-federalization-of-crime
2. https://en.wikipedia.org/wiki/Strict_liability_(criminal)
3. https://www.heritage.org/courts/report/the-supreme-court-mens-rea-2008-2015
4. https://indiankanoon.org/docfragment/1906084/?big=3&formInput=mens%20rea
%20doctypes:%20chennai