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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.
Illustration
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.
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