Learn about the protections offered to individuals with unsound minds and the implications for justice in India.
Quick Legal Answer
In India, Section 22 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides that no act is considered an offence if committed by a person of unsound mind who is incapable of understanding the nature of the act or that it is wrong or illegal at the time of doing it. This is a legal defence (insanity defence) that removes criminal liability when mental incapacity prevents intent.
The process in India usually involves:
Raising the defence of unsoundness of mind during trial
Producing medical records, expert testimony, or evidence of mental illness
Court evaluation of the accused’s mental state at the time of the act
Determining whether the person understood the nature or legality of the act
Granting exemption from criminal liability if conditions are satisfied
This provision ensures that criminal responsibility requires both a wrongful act and a capable mental state (mens rea).
Jurisdiction & Applicability
This guide applies to:
Individuals in India accused of offences while suffering from mental illness
Cases where the accused claims lack of understanding due to unsound mind
Criminal trials involving insanity defence
Situations requiring evaluation of mental capacity at the time of offence
When This Guide Applies
Use this guide if the case involves:
A person suffering from mental illness at the time of the act
Inability to understand the nature or consequences of actions
Lack of knowledge that the act was wrong or illegal
Legal defence based on insanity or mental incapacity
Evidence such as psychiatric reports or medical history supporting the claim
When This Guide Does NOT Apply
This guide does not apply to:
Acts committed by persons who understood their actions
Temporary emotions like anger or stress without mental incapacity
Cases where mental illness does not affect understanding of right and wrong
Voluntary intoxication unless it results in complete incapacity (rare cases)
Situations lacking proof of unsoundness of mind at the time of offence
The Bharatiya Nyaya Sanhita or the BNS is a new set of laws in India. It came into existence in the year 2023 and replaced all the old laws that were in India previously, i.e. Indian Penal Code or IPC. IPC was old because it was the set of rules that came into effect during the British rule in the year 1860. The BNS was more like an updated version of the rulebook that dealt with crimes.
It is made to ensure the laws are fair, clear and get justice much sooner for people who have been wronged. The BNS also serves to protect the rights of victims of crimes and provides clearer punishments for law breakers, thus preventing crimes from taking place.
The new BNS laws have been designed to function better with the world as it is today and suit the regulations adopted by others but will consider the peculiar culture and society in India. Everyone seems to be able to understand these laws much better now. Justice is fair to all.
Therefore, in this blog we will know about section 22 of BNS, which will help us to know our rights and laws under section 22 of BNS.
Confused about how Section 22 of the Bharatiya Nyaya Sanhita affects you or a loved one? Get expert guidance with our Online Legal Consultation.
Section 22 of BNS
This section is mentioned in the Bharatiya Nyaya Sanhita 2023 Act’s CHAPTER III GENERAL EXCEPTIONS which states:
Statement:
“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.”
Meaning:
No offence is committed by anyone who at that time does the act and is incapable of understanding the nature of the act or is so mentally ill to be incapable of understanding what they are doing.
Examples:
Due to Madhav’s mental instability, he enters into Bipin’s house, thinking that it is his. Not knowing that such actions are not allowed, therefore he has not, committed the offence of trespass in this case.
Because of Deepa’s mental instability she restraints Umesh way not knowing that it is Unlawful. Therefore because of her condition she has not committed any crime.
What are General Exceptions?
General exceptions are provisions of law that create defence against criminal liability. This accepts the fact that not all Person who are breaking the law are criminal but these exceptions need to be provided for circumstances in which the actions of the person may actually be unlawful but isn’t punished with criminal penalties due to specific justifications.
Are you or someone you know dealing with a mental health issue and legal concerns? Consult with our experienced attorneys to understand your rights under the BNS.
Difference between IPC and BNS regarding Act of a Person of Unsound Mind
Indian Penal Code
Bhartiya Nyaya Sanhita
In IPC Section 84 deals with the Act of a Person of Unsound Mind.
In BNS Section 22 Deals with the Act of a Person of Unsound Mind.
Statement: 84. Act of a person of unsound mind.—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.
Statement: 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.
According to this section, mental illness can be a defence for the person charged with the offence if the nature of such mental illness prevents him from understanding
Lack of Understanding:
If the person who Committed a Crime doesn’t understand What they are doing then that means they have not committed any crime. Individual lacks the capacity to commit a crime.
Time of the Offence:
During the time of the offence the persons mental incapacity must exist but it cannot be said that the mental incapibility existed before or after crime have been committed.
Necessity:
It is allowed when it is necessary to protect yourself. For example, breaking into a cabin in the middle of a snowstorm to find shelter is legally justifiable on the grounds of necessity.
If such conditions are met, a man’s action can’t be termed a crime simply because his state of mind negates the presence of intent needed to commit a criminal act.
Don’t navigate the complexities of Section 22 alone. Schedule an Online Legal Consultation today for tailored legal support.
Conclusion
This section, in itself, essentially discusses the insanity defence by letting mentally unfit people off from criminal responsibility just because they are incapable of understanding the moral or legal consequences of their actions.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws, procedures, fees, and timelines may vary depending on the state and individual circumstances. For advice specific to your situation, please consult a qualified legal professional.
If you have questions about how Section 22 of the Bharatiya Nyaya Sanhita applies to your situation or need personalised legal advice, our experienced attorneys are here to help.
Frequently asked Questions
Q.1. What is BNS Section 22?
Ans.1. It is a provision that deals with the exemption of criminal liability for a person of unsound mind who, because of such mental condition, is incapable either of understanding the nature or the quality or the consequences of his acts or of knowing whether his act or omission has or corresponds to such a nature, quality or consequence as will render them wrongful or otherwise unjustifiable.
Q.2. When can a person invoke BNS Section 22?
Ans.2. A person can claim protection under BNS Section 22 if at the time of making the act he was of unsound mind and could not understand the nature of the act or that it was wrong or contrary to law .
Q.3. Does BNS Section 22 apply to all offences?
Ans.3. While BNS Section 22 can be applied to all offences, there still must be this additional point that the person committing the offence was of unsound mind and was also unconscious of the nature or legality of the act at the time of its commission.
Q.4. What effect does unsoundness of mind have on criminal responsibility under BNS Section 22?
Ans.4. If a person is of unsound mind he shall be deemed incapable of forming the intent necessary to commit a crime and hence, exempted from criminal liability.
Q.5. What is the essence of nature of act in BNS Section 22?
Ans.5. Nature of the act It is the understanding of what the person is doing. A person is protected under this section if due to unsoundness of mind, he cannot have knowledge or even appreciate that what he is doing is wrong or the consequences it will attract.
Q.6. What was the old IPC code for Section 22 of BNS 2023?
Ans.6. In the Indian Penal Code, act of person with mental illness was covered in IPC Section 84.
Q.7. Can the defence be claimed if someone is under the influence of drugs or alcohol?
Ans.7. The defence of Section 22 specifically deals with unsoundness of mind, intoxication may not qualify unless it results in a temporary mental incapacity similar to unsoundness.
Q.8. What are the ways this law is destined to protect individuals with mental health issues?
Ans.8. It says that not every act done unlawfully goes through Punishment as it says that there are group of persons who cannot understand their actions due to relevant mental health conditions.
Adv. Nandini Natarajan
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With 8 years of independent practice, Advocate Nandini Natarajan has gained extensive experience in handling legal cases while providing legal consultancy and advisory services with a focus on achieving results in an ethical and professional manner. Advocate Nandini Natarajan, who can speak English, Tamil, and Telugu, possesses excellent communication skills that enable her to articulate arguments persuasively in both written and verbal forms.
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