Code: Section 22 BNS
Section 22
Nothing is an offence which is 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 he is
doing what is either wrong or contrary to law.
Explanation of Section 22 BNS
Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides immunity from criminal liability to persons who commit an offense while suffering from unsoundness of mind (commonly referred to as insanity in legal terms).
Key Points:
- Complete Exemption from Criminal Liability: If a person is of unsound mind at the time of committing the act, they are not held guilty.
- Two Essential Conditions for Exemption:
- The accused must have been incapable of understanding the nature of their act.
- They must not have known that their act was wrong or illegal.
- Burden of Proof: The person claiming insanity must prove it with medical and psychological evidence.
- Based on the McNaughton Rule: Indian law follows the McNaughton Rule, which states that a person is not criminally responsible if, due to mental illness, they were unable to understand the nature of their actions.
Illustrations of Section 22 BNS
Example 1: An Insane Person Commits Murder
A person suffering from schizophrenia kills another, believing them to be a demon. If medical reports prove that they were incapable of understanding their act, they may be acquitted under Section 22.
Example 2: Temporary Insanity in a Crime
A person suffering from epileptic seizures attacks another during a seizure. If proven that the attack occurred without conscious awareness, they will not be held guilty.
Common Questions & Answers on Section 22 BNS
1. Does every mentally ill person get protection under Section 22?
No. Only those who were incapable of understanding their actions at the time of the offense are protected.
2. Who proves that the person was of unsound mind?
The defense (accused’s lawyer) must prove insanity with medical records, expert opinions, and witness statements.
3. Can a person with a history of mental illness claim immunity for any crime?
Not necessarily. The court examines whether the person was insane at the exact time of committing the offense.
4. What happens if a person is proven insane?
If a person is proven to be of unsound mind, they may be sent to a mental health institution instead of prison.
5. Is temporary insanity also covered under Section 22?
Yes, but only if the person was completely unaware of their actions at the time of the offense.
Conclusion
Section 22 BNS ensures that mentally ill individuals who are incapable of understanding their actions are not wrongfully punished. However, proving insanity in court is a complex legal process requiring strong medical evidence.
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