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BNS Section 22

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 22

Act of a person of mental illness

Section 22 of the Bharatiya Nyaya Sanhita (BNS), formerly Section 84 of the Indian Penal Code, deals with the defense of unsoundness of mind in criminal liability.

IPC Section 84

Nothing is an offence which is done by a person who, at the time of doing it, by reason of mental illness, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Example:
Due to his unsound mind, Vijay enters Rakesh’s home, thinking it to be his own. Here, Vijay has not committed the offence of trespass since he is incapable of understanding that his act is illegal.


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