State of Orrisa V. Khora Ghasi
AIR 1983 SC 360
[General Defence of Accident]
CASE SUMMARY ON GENERAL DEFENCE
CASE SUMMARY ON GENERAL DEFENCE
Facts
The accused was guarding his field; his eyes caught a moving figure. Believing it to be a bear, he shot an arrow towards it. However, it was a man who was shot at, and he succumbed to the injuries and died.
Issue
Is this covered under a mistake of fact and a genuine accident?
What is Sec. 18 of the Bhartiya Nyaya Sanhita say?
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.
This means that an act is not considered an offence if it is done accidentally or due to misfortune, provided there is no criminal intention or knowledge involved.
Judgement
Supreme court held that it was a genuine case of accident and the accused lacked relevant mens rea to be guilty. This was a case of misfortune and a mistake of fact done in good faith and is covered under Sec. 18 of the Bhartiya Nyaya Sanhita, 2023.
Check Out Similar Case Laws: Bhagwan Tukaram Dange V. State of maharasthra
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