BNS § 22 / IPC § 84
Definition
India's statutory insanity defence: nothing is an offence done by a person who, by reason of unsoundness of mind at the time of the act, is incapable of knowing the nature of the act, or that the act was wrong or contrary to law. The burden of proving unsoundness of mind lies on the accused on the balance of probabilities. Interpreted through the M'Naghten cognitive test in practice.
Related terms
- Durham Rule (1954)
- The insanity-defence standard from Durham v. United States (1954) 214 F.2d 862 (DC Circuit): an accused is not responsible if the unlawful...
- Fitness to Stand Trial
- The capacity to participate meaningfully in criminal proceedings: understanding the nature of the charges, following the evidence, and instructing counsel. In England...
- Mental Capacity Act 2005 (England and Wales)
- Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...
- M'Naghten Rules (1843)
- The insanity-defence standard from (1843) 8 Eng Rep 718, formulated by the House of Lords in response to the acquittal of Daniel...
- MPC Substantial-Capacity Test
- The insanity-defence standard from the Model Penal Code (ALI, 1962) § 4.01: not responsible if, as a result of mental disease or...
- Selvi V. State of Karnataka (2010)
- Constitutional bench judgment (2010) 7 SCC 263 holding that compelled narco-analysis, polygraph testing, and brain-mapping violate Article 20(3) and Article 21 of...
- Testamentary Capacity
- The legal capacity to make a valid will. In England and Wales: the Banks v. Goodfellow (1870) test. In India: Indian Succession...
Explained in
- Forensic Psychiatry: Insanity Defence and CapacityIndia's statutory insanity defence: nothing is an offence done by a person who, by reason of unsoundness of mind at the time of the act, is incapable of knowin...