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A person accused under section 8 of the Kerala Abkari Act raises the defence of unsoundness of mind…

Section 2(24)(a) of the Bharatiya Nyaya Sanhita, 2023 includes special and local law offences for Chapter III. Section 22 therefore permits the court to consider whether…

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A person accused under section 8 of the Kerala Abkari Act raises the defence of unsoundness of mind under section 22 of the Bharatiya Nyaya Sanhita, 2023. Can the court consider that defence?

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Answer and explanation

Correct answer B

Section 2(24)(a) of the Bharatiya Nyaya Sanhita, 2023 includes special and local law offences for Chapter III. Section 22 therefore permits the court to consider whether unsoundness of mind at the time of the act made the accused incapable of knowing its nature or knowing that it was wrong or contrary to law.

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Option A

Section 2(24)(a) extends the Chapter III definition to offences under special or local laws.

Option B

Section 22 lies in Chapter III, where section 2(24)(a) expressly includes offences under special or local laws.

Option C

Section 8 of the Kerala Abkari Act does not exclude the defence.

Option D

Section 8 deals with prohibited dealings in arrack. The exception arises under the Sanhita.

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