Forensic Medicine · Forensic Psychiatry

A 22-year-old student is charged with theft. His lawyer argues he acted under an irresistible impulse to steal (kleptomania). Under current Indian law (BNS 2023), the 'irresistible impulse' defence is:

  • A Fully recognised under BNS Section 22 as a mitigating factor reducing punishment
  • B Recognised under MHCA 2017 Section 20 as a defence for substance-related disorders only
  • C Recognised as a partial defence reducing murder to culpable homicide under BNS Section 100
  • D Not recognised as a complete defence — BNS follows M'Naghten test which is purely cognitive and does not include volitional impairment
Correct answer: D. Not recognised as a complete defence — BNS follows M'Naghten test which is purely cognitive and does not include volitional impairment

Explanation

Indian criminal law, as codified in BNS Section 20 (formerly IPC Section 84), follows the English M'Naghten test — a purely cognitive standard. It asks whether the accused knew the nature of the act or knew it was wrong. It does NOT include the 'irresistible impulse' defence (recognised in some US states). Kleptomania (impulse control disorder) does not provide a legal defence unless the accused also did not know the nature or wrongness of the act. Partial defences (grave and sudden provocation — BNS Section 101, Exception 1) are volitional but factually distinct.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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