Correct option is D
The correct answer is (d) No offence. In this scenario, 'A' is not guilty of any offence because the death of the person was caused by a pure accident without any criminal intent, negligence, or recklessness on 'A's' part. According to Section 80 of the Indian Penal Code (I.P.C.), an act done by accident or misfortune, without any criminal intention or knowledge, and in the course of a lawful activity, does not constitute an offence.
· Key Points about Section 80 I.P.C.:
· Accident: The law recognizes that certain events are purely accidental and not caused by any fault of the individual involved.
· Absence of Criminal Intent: For an act to be punishable, there must be some form of criminal intent or negligence. In this case, 'A' had neither.
· Lawful Act: 'A' was engaged in a lawful activity (working with a hatchet) when the accident occurred.
Information Booster:
1. Section 80 I.P.C.: Provides immunity from criminal liability for accidents, provided the act is done in a lawful manner and without any criminal intent.
2. Importance of Mens Rea: Criminal liability generally requires mens rea, or a "guilty mind." Accidental acts lack this intent, which is why they are not punishable.
3. Lawful Activity: The act must be lawful; if 'A' were engaged in an illegal act, the outcome could have been different.
4. Duty of Care: Even in accidental cases, a duty of care is considered. If 'A' had been grossly negligent, he could be liable under a different section, such as causing death by negligence (Section 304A).
Additional Information:
· Murder (a): Defined under Section 300 I.P.C., requires the intent to kill or cause grievous harm. This does not apply to 'A's' situations.
· Culpable Homicide not amounting to murder (b): Covered under Section 299 I.P.C., involves intent or knowledge that an act is likely to cause death. This does not apply as 'A' had no such intent or knowledge.
· Grievous Hurt (c): Defined under Section 320 I.P.C., involves causing serious injury, which does not fit this scenario since the death was accidental and not due to an intentional act by 'A'.
