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Section 84 IPC: Act of a Person of Unsound Mind

Section 84 of the Indian Penal Code, 1860 provided a general exception where, at the time of doing the act, a person was incapable by reason of unsoundness of mind of knowing the nature of the act, or of knowing that what was being done was wrong or contrary to law.

Legal position covered: This article explains Section 84 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained for reference to the IPC framework and matters governed by the earlier law.

Section 84 of the Indian Penal Code, 1860

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 and Scope of Section 84 IPC

Section 84 formed part of Chapter IV of the IPC dealing with General Exceptions. The statutory protection was tied to the person's mental capacity at the time of the act. The provision did not state that every person who had a mental illness, mental disorder, or history of treatment automatically came within the exception.

The legal question under Section 84 was whether, because of unsoundness of mind at the relevant time, the person was incapable of knowing the nature of the act, or incapable of knowing that the act was wrong or contrary to law.

Essential Requirements of Section 84 IPC

Why the Time of the Act Is Important

The words "at the time of doing it" are central to Section 84. The statutory test focuses on the person's capacity when the alleged act occurred. Evidence concerning conduct or mental condition before or after the occurrence may be relevant in a case, but the ultimate statutory inquiry concerns the required incapacity at the time of the act.

Unsoundness of Mind and the Statutory Test

Section 84 is framed as a test of incapacity caused by unsoundness of mind. The statutory question is not simply whether a person had a diagnosis or experienced some degree of mental disorder. The required incapacity must relate to knowing the nature of the act or knowing that the act was wrong or contrary to law.

Knowing the Nature of the Act

One limb of Section 84 concerns incapacity to know the nature of the act itself. This addresses the person's capacity, at the relevant time and because of unsoundness of mind, to understand what he or she was actually doing.

Knowing That the Act Is Wrong or Contrary to Law

The alternative limb concerns incapacity to know that the conduct was wrong or contrary to law. The statutory wording therefore recognizes more than one form of relevant incapacity, but each must result from unsoundness of mind and must exist at the time of the act.

Section 84 Is a General Exception

Section 84 was located among the IPC's General Exceptions. Its operation concerned criminal responsibility where the conditions stated in the provision were established. It should be distinguished from questions concerning a person's procedural capacity to understand court proceedings or make a defence, which were addressed separately by criminal procedure law.

Related IPC General Exceptions

The immediately preceding provision, Section 83 IPC, dealt with a child above seven and under twelve years of immature understanding. The following provisions, Section 85 IPC and Section 86 IPC, dealt with intoxication and its effect on criminal responsibility.

Current-Law Note

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning section 106(2). The corresponding current provision concerning an act of a person of unsound mind is Section 22 of the Bharatiya Nyaya Sanhita, 2023. This article is intentionally focused on Section 84 IPC and the legal position before implementation of the BNS.