Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Act of a person of unsound mind," provides a legal defense for individuals who commit acts due to mental incapacity. It states:
"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."
This provision aligns with Section 84 of the Indian Penal Code (IPC), 1860, and is part of Chapter 3, titled "General Exceptions," in the BNS. It reflects a humane approach in criminal law, recognizing that individuals with mental disorders may lack the capacity to understand the nature or wrongfulness of their actions. Consequently, such individuals are exempt from criminal liability under this section.
The application of this provision requires a thorough examination of the individual's mental state at the time of the alleged offense. Legal proceedings often involve expert testimony to assess whether the accused was indeed incapable of understanding the nature of their act due to unsoundness of mind. This ensures that justice is served while considering the mental health of the accused.
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