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.
- Successor to
- IPC 1860 Section 84, unsoundness of mind defence
- Current provision
- Bharatiya Nyaya Sanhita 2023, Section 22
- Burden of proof
- On the accused, balance of probabilities
- Judicial test applied
- M'Naghten cognitive test (knowledge of act or its wrongness)
Common questions
Does the insanity defence require a formal psychiatric diagnosis?+
A diagnosis such as schizophrenia is relevant evidence but not sufficient by itself. The court asks whether, at the moment of the act, unsoundness of mind meant the accused could not know the nature of the act or that it was wrong, so a diagnosed illness with retained cognitive capacity at the time does not satisfy the test.
How is legal insanity different from medical insanity?+
Medical insanity covers any diagnosable mental disorder. Legal insanity is narrower: it requires that the disorder produced a specific cognitive incapacity, not knowing the act's nature or wrongfulness, at the exact time of the offence. Many people with a genuine psychiatric illness still fail the legal test if that incapacity is not shown.
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...