BNS Section 22 : Act of a person of mental illness.

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Introduction of BNS Section 22

BNS Section 22 addresses how the law treats individuals suffering from mental illness or unsoundness of mind. It clearly states that if a person is unable to understand the nature of their actions, or to know that their actions are wrong or illegal due to their mental condition, their conduct is not considered a criminal offense.

This section corresponds to IPC Section 84, now updated under the Bharatiya Nyaya Sanhita (BNS) 2023. It shifts the focus from punishment to fairness and mental health care

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The Bharatiya Nyaya Sanhita (BNS) Section 22 replaces the old Indian Penal Code (IPC) Section 84.

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What is section 22 of BNS ?

BNS Section 22 states that if a person commits an act while suffering from unsoundness of mind and cannot understand that their actions are wrong or against the law, they are not held criminally responsible. The law acknowledges that mental health issues can impair a person’s judgment and understanding.

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Section 22 BNS Explanation

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.

(This corresponds to IPC Section 84, updated under BNS 2023.)

1. Meaning of Section 22

BNS Section 22 gives protection to people suffering from mental illness. If at the time of committing an act, a person cannot understand what they are doing or that it is against the law because of mental illness, the act is not considered a crime.

2. Purpose of Section 22

• To prevent punishing those who are not in control of their mental faculties.
• To recognize that mental illness can affect judgment and decision-making.
• To focus on treatment and care instead of punishment.
• To bring justice by balancing public safety with compassion for mental health conditions.

3. Essential Ingredients of Section 22

For this protection to apply:

• Mental Condition: The person must be suffering from unsoundness of mind.
• Timing: The unsoundness must exist at the time of the act.
• Incapacity: The person must be incapable of understanding the nature of the act, or that it was wrong or against the law.
• Judicial Scrutiny: Courts require medical evidence and expert opinion to decide.

4. Punishment under BNS Section 22

• If the defence of mental illness is proved → No criminal punishment.
• Instead of jail → Courts may order medical treatment or rehabilitation.
• If not proved → The person will face regular criminal liability.

5. Examples of BNS Section 22 in Action

• Example 1: A man with severe schizophrenia assaults someone during a psychotic episode. Since he cannot understand the nature of his act, he may not be punished.
• Example 2: A woman with bipolar disorder in a manic state damages property without realizing its consequences. The court may exempt her from criminal liability but recommend treatment.
• Example 3: If a person pretends to be mentally ill to escape punishment, the court will reject the defence after medical examination.

6. Importance of BNS Section 22

• Protects mentally ill individuals from unfair punishment.
• Encourages treatment rather than imprisonment.
• Updates IPC Section 84 with modern medical understanding.
• Maintains a balance between justice and mental health rights.
• Ensures courts rely on expert medical evidence before deciding.

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Section 22 BNS Overview

1. Mental Incapacity

This principle applies to individuals who are mentally incapacitated at the time of committing an act. Such persons may be suffering from mental illness, disorder, or disability that prevents them from understanding situations in a normal way. Because of this condition, their actions are not driven by criminal intent but by their impaired state of mind. The law recognizes this incapacity as a valid ground to excuse them from criminal punishment.

2. Understanding of Actions

For legal protection under mental incapacity, the person must be unable to understand the nature of their actions. They may perform an act without realizing its consequences or without grasping that it could cause harm. For example, a person with severe mental illness may damage property or hurt someone without being aware of what they are actually doing. Since their decision-making ability is impaired, the law treats them differently from ordinary offenders.

3. Legal Responsibility

Normally, individuals are held responsible for their conduct because they are capable of making rational decisions. However, when a person is mentally incapacitated, the foundation of legal responsibility is absent. The law makes it clear that punishment can only be imposed if someone acts knowingly and willingly. Since mentally ill individuals lack this awareness, their actions are not classified as criminal offenses, providing them a safeguard against unfair punishment.

4. Wrongdoing Awareness

Another important aspect is whether the person is capable of understanding right and wrong. If their mental condition prevents them from recognizing that their actions are against the law or socially unacceptable, then their behavior cannot be treated as a crime. For instance, someone suffering from delusions may harm another person but genuinely believe they are acting correctly. In such cases, the law excuses the act because the awareness of wrongdoing is absent.

5. Focus on Mental Health

The law underlines the importance of examining the mental state of the accused rather than just the harmful act itself. While a healthy mind can form criminal intent, an unsound mind lacks that capacity. This shift of focus ensures that justice is fair, as it prevents punishing individuals for conditions beyond their control. By prioritizing mental health over strict punishment, the law promotes a more balanced and humane approach.

6. Protection for Mentally Ill

This provision acts as a safeguard for individuals who suffer from genuine mental disorders. Instead of treating them as criminals, the law recognizes them as patients in need of medical help. Since they cannot always control their behavior or make rational choices, holding them criminally liable would be unjust. Therefore, legal protection ensures that such individuals are directed towards treatment and care rather than imprisonment.

7. Assessment of Mental State

Before granting protection, the court carefully evaluates the mental state of the person at the exact time of the act. Medical experts are often consulted to determine whether the illness truly affected their judgment during that moment. Simply proving that the person had a mental illness in the past or after the act is not enough. The law requires clear evidence that the incapacity existed when the act occurred. This careful assessment helps maintain fairness and prevents misuse of the defense.

8. Not a Criminal Act

When an act is performed under true mental incapacity, it is not classified as a crime under the law. Even though harm may result from the act, the absence of criminal intent means it cannot be treated as an offense. The law views such actions as the outcome of illness rather than willful wrongdoing. This distinction protects mentally ill individuals from being unfairly punished while still acknowledging the harm caused.

9. Legal Exemption

The law provides an exemption from criminal liability for people suffering from severe mental health issues. This exemption ensures that only those who act with awareness and intention face punishment. However, the exemption is not automatic; it must be proven in court with sufficient medical and factual evidence. By applying this safeguard, the legal system prevents wrongful convictions and ensures that justice is carried out with compassion.

10. Focus on Care

Instead of relying solely on punishment, the law emphasizes treatment and rehabilitation for mentally ill individuals. They are seen as patients requiring hospitals, therapy, and medical care, not prisons. This approach helps them recover and reintegrate into society while also reducing the risk of repeated harmful acts. By focusing on care rather than punishment, the justice system adopts a more humane and socially beneficial path.

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Meaning of Unsound Mind in Law

In Indian criminal law, a person of unsound mind means someone who cannot understand what they are doing, or cannot understand that their action is wrong or against the law, because of a mental illness or disorder. The law recognizes that if a person is not mentally fit to judge their actions, then punishing them like a normal offender would be unfair.

2. Legal Provision under BNS / IPC

• Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 22 (which corresponds to Section 84 of the IPC), the law says:
  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 what they are doing is wrong or contrary to law.
• This means the act itself may look like a crime, but if the person’s mental condition stops them from understanding it, the law excuses them.

3. Purpose of this Law

The main aim is justice and fairness. A mentally ill person should not be punished like a normal criminal because:

• They don’t have full control over their mind.
• They cannot judge right from wrong at that time.
• Punishment would not correct their behavior; medical treatment is more suitable.

4. Essential Conditions for the Defence of Unsound Mind

To claim this defence, three conditions must be satisfied:

1. Unsoundness of mind: The person must be suffering from mental illness.
2. At the time of the act: The illness must have existed when the act was committed (not before or after only).
3. Lack of understanding: Because of this illness, the person must not have understood:
   • What they were doing, or
   • That what they were doing was wrong or against the law.

If these conditions are not proven, the person cannot claim this defence.

5. Who Decides?

It is the court’s responsibility to decide whether the accused really acted under unsoundness of mind.

• The judge relies on medical evidence, doctor’s reports, and witness accounts.
• Behavior before and after the act is also studied.
• The burden of proof lies on the accused to show they were of unsound mind at the time of the crime.

6. Examples of Unsound Mind in Action

• Example 1: A man suffering from schizophrenia kills his neighbor believing him to be a demon. Since he could not understand reality, the court may excuse him.
• Example 2: A woman with severe mental illness steals food thinking it is hers. Since she cannot judge ownership, she may be protected under law.
• Example 3: A person with mild depression commits theft knowingly. Here, depression does not take away understanding, so they cannot claim this defence.

7. Punishment and Responsibility

If the court accepts the unsound mind defence:

• The accused is not punished like a criminal.
• Instead, the court may order them to be sent to a mental health facility for treatment.
• Family or guardians may be asked to take responsibility once doctors say the person is safe.

If the defence is rejected:

• The accused will be punished like any other offender.

8. Importance of This Law

• Protects mentally ill persons from unfair punishment.
• Balances justice with compassion.
• Encourages medical treatment instead of punishment.
• Updates old laws under IPC to modern standards of mental health awareness.

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Comparison: BNS Section 22 vs IPC Section 84

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BNS Section 22 FAQs

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Conclusion

BNS Section 22 ensures that individuals suffering from mental illness are not unfairly punished for acts they cannot control or understand. This section balances justice and compassion by recognizing that criminal liability requires both intent and awareness.

Instead of punishment, the law directs such individuals towards medical treatment and rehabilitation, reinforcing that justice must also be humane.

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Finished with BNS Section 22?
Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS Section 23 — Act of a person incapable of judgment by reason of intoxication caused against his will
  Read Here: https://marriagesolution.in/bns_section/bns-section-23/
• BNS Section 24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated
  Read Here: https://marriagesolution.in/bns_section/bns-section-24/
• BNS Section 25 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  Read Here: https://marriagesolution.in/bns_section/bns-25/
• BNS Section 26 — Act not intended to cause death, done by consent in good faith for person’s benefit
  Read Here: https://marriagesolution.in/bns_section/bns-26/
• BNS Section 27 — Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian
  Read Here: https://marriagesolution.in/bns_section/bns-27/
• BNS Section 28 — Consent known to be given under fear or misconception
  Read Here: https://marriagesolution.in/bns_section/bns-28/

• Full BNSS Section List: https://marriagesolution.in/bnss_section-list
• Full IPC Section List: https://marriagesolution.in/ipc-section-list
• All Indian Law & Blogs: https://marriagesolution.in/indian-law/

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