A 30-year-old man with a diagnosis of paranoid schizophrenia kills his neighbour, believing the neighbour was sending radiation into his brain. Under which section of the Indian Penal Code (IPC) can he plead for exemption from criminal responsibility?

• A IPC Section 82 — act of a child under 7 years
• B IPC Section 85 — act of an intoxicated person
• C IPC Section 376 — offence of rape
• D IPC Section 84 — act of a person of unsound mind ✓

Explanation

IPC Section 84 (now retained in BNS 2023 as Section 22) provides that nothing is an offence 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 what he is doing is wrong or contrary to law. This is the Indian equivalent of the M'Naghten rules. The defence requires proof that psychosis impaired cognition at the moment of the act. Section 82 covers only children below 7 years; Section 85 applies to involuntary intoxication, not mental illness.

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.