Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal responsibility of individuals who commit offenses while of unsound mind. This provision aligns with the principle that criminal liability requires the presence of both a guilty act (actus reus) and a guilty mind (mens rea).(
๐ Section 22 โ Act of a Person of Unsound Mind
Text:
"Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law."(
โ๏ธ Legal Context and Comparison with IPC
This section mirrors Section 84 of the Indian Penal Code (IPC), 1860, which similarly provides that an act is not an offense if committed by a person of unsound mind who is incapable of understanding the nature of the act or that it is wrong or contrary to law.
๐ง Application and Judicial Interpretation
Section 22 emphasizes the importance of mental health in determining criminal responsibility. It acknowledges that individuals suffering from mental illness may lack the capacity to understand the nature or wrongfulness of their actions, thereby exempting them from criminal liability.
In practice, courts assess the mental state of the accused at the time of the offense. If it is established that the individual was suffering from a mental disorder that impaired their understanding, they may be acquitted or treated under mental health laws rather than being subjected to standard criminal penalties.
๐งพ Summary
Section 22 of the BNS, 2023, reinforces the legal principle that mental incapacity can serve as a defense against criminal liability. By aligning with the IPC's Section 84, it ensures consistency in the legal treatment of individuals with mental disorders, promoting a justice system that considers the mental health of the accused in its proceedings.
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