Under the Bharatiya Nyaya Sanhita (BNS) 2023, the defence of 'unsoundness of mind' (previously under IPC Section 84) is now found under which section, and what is the key cognitive test applied?
- A BNS Section 22 — the test is whether the accused knew the act was prohibited by law OR did not know the nature of the act due to disease of mind ✓
- B BNS Section 20 — the test is whether the accused lacked impulse control due to the mental illness
- C BNS Section 18 — the test is whether the accused suffered from diminished responsibility
- D BNS Section 25 — the test is whether the accused could appreciate the wrongfulness of the act under a reasonable person standard
Correct answer: A. BNS Section 22 — the test is whether the accused knew the act was prohibited by law OR did not know the nature of the act due to disease of mind
Explanation
BNS Section 22 corresponds to IPC Section 84 (Act of a person of unsound mind). The legal test is a cognitive standard: the accused, by reason of unsoundness of mind, (i) was incapable of knowing the NATURE of the act, OR (ii) was incapable of knowing that what he was doing was WRONG or contrary to law. This is the M'Naghten rule codified in Indian law. Note that BNS maintains the IPC approach — it does not adopt a 'volitional' test of impulse control. The burden of proof of insanity rests on the accused (balance of probabilities standard).
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
Written and medically reviewed by the StethoPrep medical team.