An accused with chronic paranoid schizophrenia kills a neighbour whom he genuinely believed was a demon sent to kill him. He is tried under BNS 2023. Which section exempts him, and on which legal test does the exemption rest?
- A Section 24, based on compulsion or threat to life
- B Section 23, based on involuntary intoxication
- C Section 22, based on the McNaughten rule of knowledge of the nature and wrongfulness of the act ✓
- D Section 21, based on irresistible impulse
Correct answer: C. Section 22, based on the McNaughten rule of knowledge of the nature and wrongfulness of the act
Explanation
BNS Section 22, corresponding to IPC Section 84, exempts a person of unsound mind whose cognitive faculties were so impaired that he did not know the nature of the act or that it was wrong or contrary to law. This embodies the McNaughten rule, which tests cognition, not volition. Irresistible impulse is expressly not recognised in Indian law, and Section 23 addresses intoxication while Section 24 addresses duress, none of which apply here.
Reference: Bharatiya Nyaya Sanhita, 2023, Chapter III ed.
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