Question. Raju is cutting wood with an axe at a place where children are playing. The axe flies off and kills a nearby child. Is Raju entitled to protection under Section 80 of the Indian Penal Code?
Now this question looks like the illustration of Section 80 of the IPC. But there is a slight difference. In this particular question, Raju the person who has committed the Act is cutting wood where the children are playing. This means due care and caution is absent.
Hence Raju is not entitled to protection Under Section 80 of the IPC. Which talks about accidents in doing a lawful Act. Raju has not taken the proper care and caution as you have seen in the Example. Section 80 of the Indian Penal Code deals with it.
The relevant part of the Section on which the problem is based speaks that the Act does not constitute an offence if it is the result of accidents or misfortune, provided that the act is done without criminal intent, or knowledge in doing of a lawful act, in a lawful manner in lawful means.
Three things are there, 1. Lawful Act 2. Lawful Manner 3. Lawful Means, With the proper care and causion.
This Section was made clear by the analysis attached to it. Which reads as follows, A is at work with a hatch it. The flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, this act is excusable and not an offence.
In the given present example/problem, we are discussing today, Raju has not taken any proper care and caution and he is cutting wood with an axe in a place where children are playing. Taking proper care and caution is a sine qua non which is an essential requirement, from the application of Section 80 of the Indian Penal Code.
From all this explanation it is now clear that in the instant example/problem, Raju is not entitled to protect himself Under Section 80 of the Indian Penal Code. And he will not be avail any excuse under section 80 of the Indian Penal Code in view of the law let down in Section 80 of the IPC.
