BNS § 22
Definition
India's insanity defence provision in the Bharatiya Nyaya Sanhita 2023, replacing IPC § 84: an act is not an offence if done by a person who, at the time of doing it, by reason of mental illness, was incapable of knowing its nature or that it was wrong or contrary to law.
- Statute
- Bharatiya Nyaya Sanhita 2023 (BNS), Section 22
- Replaced
- IPC § 84 (Indian Penal Code)
- Core test
- Unsoundness of mind (or mental illness) plus incapacity to know the nature or wrongfulness of the act
Common questions
What does BNS § 22 actually require to use the insanity defence?+
The defendant must prove two things: that they had unsoundness of mind, and that because of it, they were incapable of knowing either the nature of their act or that it was wrong. Both elements must be present at the time of the act. Mental illness alone is not enough.
How is BNS § 22 different from the old IPC § 84?+
BNS § 22 is the 2023 replacement for IPC § 84. The new statute uses the term "mental illness" and explicitly adds "contrary to law" as part of the wrongfulness prong, giving courts more textual basis for distinguishing legal from moral wrongness.
Can someone use the insanity defence if they knew their act was illegal but didn't understand it was morally wrong?+
Section 22 includes "contrary to law" as part of what "wrong" means. So the statute addresses legal wrongness directly, though the defence still requires the person to have been incapable of knowing this at the time of the act.
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Explained in these topics
- Neurolaw: Frontal-Lobe Evidence and Criminal ResponsibilitySection 22 of the Bharatiya Nyaya Sanhita 2023 (formerly IPC § 84): the Indian statutory insanity defence, providing that nothing is an offence done by a perso...
- The Insanity Defence: M'Naghten, Durham, MPC and BNS § 22India's insanity defence provision in the Bharatiya Nyaya Sanhita 2023, replacing IPC § 84: an act is not an offence if done by a person who, at the time of do...