Section 22 of the Bharatiya Nyaya Sanhita (BNS) states that if a person commits an act while suffering from unsoundness of mind, making them incapable of understanding the nature of the act or that it is illegal, it will not be considered an offense.
Key Provisions:
Legal Protection for Mentally Unsound Persons
If a person does not understand their actions due to mental illness, they cannot be held criminally responsible.
The burden of proof is on the accused to establish unsoundness of mind at the time of the offense.
Criminal Intent (Mens Rea) is Essential
Criminal liability requires intent and understanding.
If a person’s mental condition prevents them from distinguishing right from wrong, they cannot be punished.
Medical and Legal Examination
Court may order psychiatric evaluation to determine if the accused was mentally unsound at the time of the offense.
Temporary insanity (momentary mental illness) is not a valid defense unless proven.
How It Protects:
Prevents wrongful punishment of mentally ill individuals.
Ensures fair trials by allowing medical examinations for mental disorders.
Encourages rehabilitation instead of imprisonment for those suffering from mental illnesses.
Example:
A schizophrenic person hears voices commanding them to commit an act → May not be held responsible if proven they could not understand their actions.
A person suffering from severe delusions kills someone believing they are under attack → Court may consider medical evidence before deciding punishment.
