The McNaughton (M'Naghten) Rules for the insanity defence require that at the time of the crime, the accused did not know the 'nature and quality of the act' OR did not know that the act was 'wrong'. Under Indian law, which section of the Bharatiya Nyaya Sanhita (BNS) 2023 codifies a similar test for unsoundness of mind?
- A Section 84 of Indian Penal Code (IPC), now replaced by Section 22 of BNS 2023 ✓
- B Section 302 IPC replaced by Section 103 BNS 2023
- C Section 304A IPC replaced by Section 106 BNS 2023
- D Section 376 IPC replaced by Section 64 BNS 2023
Explanation
Under the now-repealed Indian Penal Code, Section 84 provided the insanity defence ('act of a person of unsound mind'), mirroring the M'Naghten Rules by exempting from criminal liability a person who, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong. With the BNS 2023 replacing the IPC, the equivalent provision is Section 22 of BNS 2023. This section preserves the same legal standard. Sections 302, 304A, and 376 IPC deal with murder, negligent homicide, and rape respectively — their BNS equivalents (103, 106, 64) are unrelated to the insanity defence.
Reference: Kaplan & Sadock's Synopsis of Psychiatry, 11th ed.
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