Unsound Mind

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Unsound Mind-

Tanmoy Mukherjee

[Advocate]

Section 22 of BNS deals with Act of a person of unsound mind.

Nothing is an offence which is done by person who, at the time of doing it, by reason of unsoundness of mind, is incapable of:

1. Knowing the nature of the act, or
2. That what he was doing was either wrong or contrary to law.

Essentials-

1. Time of the Act is crucial-

Mental condition must be established at the exact time of the offence; not before or after.

2. Legal insanity v. Medical Insanity-

Medical insanity = any form of mental illness diagnosed by doctors.

Legal insanity = only when illness is so severe that the person cannot understand the nature/wrongfulness of the act.                                                                                                                                                                                                                                                                                                                                                                                                                            

Defence applies only to legal insanity.

3. Burden of Proof-

Normally, the prosecution must prove guilt. Here, the accused must prove insanity (under Sec. 108 of BSA) but only by preponderance of probabilities, not beyond reasonable doubt.

4. Complete defence-

If proved, it is a complete defence, leading to acquittal. However, accused may be kept in safe custody under special procedures.

Reference cases-