Under the BNS 2023, which section provides the legal test for insanity as a defence, stating that a person of unsound mind is not criminally responsible if, at the time of the act, he was incapable of knowing the nature of the act or that it was wrong?
- A Section 22 BNS
- B Section 84 IPC (still applicable)
- C Section 20 BNS ✓
- D Section 23 BNS
Correct answer: C. Section 20 BNS
Explanation
Section 20 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to the former IPC Section 84 and provides the McNaghten-based insanity defence: '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.' With the IPC being replaced by BNS, Section 84 IPC is no longer operative. Section 22 BNS deals with intoxication.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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