Clause 23

by deleting the words “, and without any criminal intention or knowledge,”; (b)by renumbering the section as subsection (1) of that section, and by inserting immediately before the Illustration the following subsection and Explanation:“(2) Despite subsection (1), when the facts which are relied upon to establish the defence in subsection (1) will, when proven, negate the fault element required to establish liability under an offence, then to avoid doubt, that offence is not made out. 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.”; and

by relettering the Illustration as illustration (a), and by inserting immediately thereafter the following illustration:“(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.”.