An act without intention or an unexpected act can be called an Accident. It is a General Exception which exempts the accused from punishment in IPC. It is defined in Section 80 of the Code which reads thus: 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.
Thus the plea of Exception of Accident in IPC has to contain with the following ingredients:
- The act happened as an accident or out of the control of the accused.
- The act was not intented or happened without the knowledge of the accused.
- The act was lawful and was doing in a lawful manner.
- The act was done with proper care and caution.