Which statement about the defence of unsoundness of mind under BNS 2023 is MOST accurate?
- A It requires that at the time of the act the accused was incapable of knowing its nature, or that it was wrong or contrary to law ✓
- B It exempts an accused whose mental illness made him unable to resist the impulse to commit the act
- C It applies equally to a person committing the act in a state of voluntary intoxication
- D It is judged by whether the accused could control his behaviour at the time of the act
Correct answer: A. It requires that at the time of the act the accused was incapable of knowing its nature, or that it was wrong or contrary to law
Explanation
BNS Section 22, corresponding to IPC Section 84, retains the McNaughten rules, a purely cognitive test. The accused must, because of unsoundness of mind at the moment of the act, be incapable of knowing the nature of the act, or that it was wrong or contrary to law. Irresistible impulse and volitional loss are not recognised, so options B and D describe tests Indian law rejects. Voluntary drunkenness is expressly excluded, since the accused must be incapable of knowledge due to unsoundness of mind.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 34th ed.
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