BNS Section 22: Act of a Person of Unsound Mind
Section 22 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It covers criminal liability and an essentially relevant feature that it contains concerning a recognised condition that the factor of health does bear impact upon one's capability, especially at the mental platform to recognize what one has in relation to his deed or what he or she does.
According to its provisions: There cannot be said criminal responsibility where a man could not be said capable at the time of its performance in the process involved therein owing to unsoundness of mind of differentiating either between rightness or between wrongfulness related with act done or distinguished.
This section shows the benevolent approach in the law to the effect that, under mental health, people have impaired judgement and awareness which leads to action possibly not lawful but without malice or intent. Thus the law provides exemption from criminal liability to persons with unsound minds as this promotes the issue of treatment instead of punishment in cases related to mental health in a justice system. Not only does this principle make for a more humane legal system, but it also strengthens the need for proper mental health resources in society.
Definition of 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 and Illustration of Section 22 (Bharatiya Nyaya Sanhita, 2023)
Section 22 of the Bharatiya Nyaya Sanhita (BNS) 2024 provides a person is working under unsoundness of mind and, by reason thereof, cannot know the nature of the act done or cannot know whether he does what is right or wrong, such person is not liable to criminal responsibility for such act.
This part of the section focuses on being humane to justice: an acknowledgment that individuals who are mentally challenged may lack mental capacity or intent and do not support criminal liability. This means a fine understanding of treatment and rehabilitation instead of punishment as applied in legal cases.
Example:
A severely mentally challenged person believes him or herself justifying a self-defence gesture in a confrontation. If, by reason of unsoundness of mind, they cannot at the time know that what they do is or is likely to be wrong or unlawful, Section 22 would apply. On any view, he could not then be convicted of any offence which he committed as a result of their condition, for they would be incapable of forming any such knowledge of the nature or circumstances either of his act or its probable consequences.
This provision underlines the consideration of mental health in judicial proceedings, a quest for a justice system that strives to support those in need while still delivering just accountability.
Key Points of BNS 22
Understanding of the Act: The person must lack awareness of:
Inability to Grasp Consequences: The individual must be unable to understand:
Differences Between Section 22 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 22 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 84), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 22 | Act of a person of unsound mind. | 84 | No change. |
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FAQs about Section 22 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 22?
Section 22 of the BNS addresses the actions of a person of unsound mind, outlining the legal implications of such a condition in relation to criminal responsibility.
Which chapter does Section 22 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 22 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 22 determine legal responsibility for individuals with mental health issues?
This section establishes that individuals deemed to be of unsound mind may not be held criminally liable for their actions, reflecting an understanding of mental health in the legal context.
What criteria are used to assess whether a person is of unsound mind under Section 22?
The assessment typically involves evaluating the individual's mental state at the time of the offence, including their ability to understand the nature of their actions and distinguish right from wrong.
Are there other mental health-related exceptions in Chapter III of the BNS?
Yes, Chapter III may include other provisions related to mental health, including considerations for temporary insanity or conditions that affect a person's capacity to comprehend their actions fully.
Does Section 22 allow for arbitrary arrests without cause?
No, Section 22 prevents arbitrary arrests. It requires that any arrest without a warrant must be based on specific and reasonable grounds, ensuring that law enforcement officers follow legal procedures.
How does Section 22 ensure fairness in arrest procedures?
Section 22 ensures fairness by outlining clear conditions under which an arrest can be made without a warrant, protecting the rights of the accused while allowing law enforcement to act swiftly in certain situations.
