Section 22 BNS 2023: Act of a Person of Unsound Mind
Section 22 of the Bharatiya Nyaya Sanhita, 2023 is a general exception dealing with criminal responsibility where, at the time of the act, unsoundness of mind makes a person incapable of knowing the nature of the act or of knowing that the act is wrong or contrary to law.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 22 forms part of Chapter III, "General Exceptions". The BNS came into force on July 1, 2024, except for Section 106(2). That commencement exception does not affect Section 22.
Official text of Section 22, Bharatiya Nyaya Sanhita, 2023
22. 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.
What Section 22 means
Section 22 focuses on the mental capacity of the person at the time when the act was done. The mere existence of a mental condition is not, by itself, the statutory test. The provision requires that the unsoundness of mind must have caused a specific incapacity of knowledge at the relevant time.
The exception applies where, because of unsoundness of mind, the person was incapable of knowing either the nature of the act or that the act was wrong or contrary to law.
Essential requirements of Section 22
- Relevant time: The incapacity must exist at the time of doing the act.
- Unsoundness of mind: The incapacity must arise by reason of unsoundness of mind.
- Nature of the act: The person may be incapable of knowing the nature of the act.
- Wrongfulness: Alternatively, the person may be incapable of knowing that the conduct is wrong.
- Contrary to law: The provision also covers incapacity to know that the conduct is contrary to law.
Why the time of the act is important
The words "at the time of doing it" make the relevant point in time explicit. The inquiry under Section 22 is therefore directed to the person's mental capacity when the alleged act occurred, rather than merely to a diagnosis or condition existing at some other time.
Unsoundness of mind and legal incapacity
Section 22 is framed as a legal test of incapacity. The central question is whether unsoundness of mind deprived the person of the capacity to know the nature of the act or to know that the act was wrong or contrary to law.
Accordingly, evidence of a mental condition may be relevant, but the statutory issue remains the effect of that condition on the person's capacity at the time of the act.
Key point: Section 22 does not state that every person with a mental illness or psychiatric condition is exempt from criminal responsibility. The statutory exception turns on the specific incapacity described in the section and its existence at the relevant time.
Section 22 and nearby general exceptions
Section 21 deals with a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
Section 23 deals with incapacity of judgment caused by intoxication administered without the person's knowledge or against the person's will. Section 24 addresses offences requiring particular intent or knowledge when committed by an intoxicated person.
Related general exceptions continue through Section 25, Section 26, Section 27, Section 28, Section 29, and Section 30.
Practical significance
Application of Section 22 is fact-sensitive. The relevant evidence may concern the person's mental condition, conduct before and after the event, medical material, surrounding circumstances, and other facts bearing on whether the statutory incapacity existed when the act was done.