s 80 Accident in the doing of a lawful act
80.—(1) Nothing is an offence which is done by accident or misfortune in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution.[15/2019] (2) To avoid doubt, where —(a) a person alleges any act is done by accident or misfortune in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution; and (b) the doing of the act allegedly by accident or misfortune may negate the fault element of the offence that the person is charged with, the prosecution must prove the fault element in order to establish liability under the offence. Explanation.—A lawful act in this section is any act which is not an offence under this Code or any written law and which is not otherwise prohibited by law. Illustrations (a) 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. (b) A operates a construction crane and activates a control that causes a heavy load to fall onto B, killing B. A did not act negligently, but his activation of the control caused this result because the construction crane was malfunctioning. A has not committed an offence of causing death by doing a negligent act under section 304A as he did not possess the requisite fault element of negligence. [15/2019] [Act 23 of 2021 wef 01/03/2022]