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Apply sections 22 and 226 of the Bharatiya Nyaya Sanhita, 2023 to the facts. Principles: Section 226…

Section 226 concerns the attempt and the intent to compel or restrain a public servant in the discharge of official duty. Amit attempted to compel withdrawal of an official…

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Apply sections 22 and 226 of the Bharatiya Nyaya Sanhita, 2023 to the facts.
Principles: Section 226 applies to an attempt to die by suicide made with intent to compel or restrain a public servant in the discharge of official duty. Section 22 excludes criminal liability when, because of unsoundness of mind at the time, the person cannot know the nature of the act or that it is wrong or contrary to law.
Facts: Amit attempts to die by suicide to compel the Municipal Commissioner to withdraw a lawful eviction order. The attempt is stopped. Amit says he had been depressed and frustrated and had thought about his decision.
Which statement follows from these provisions and facts?

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Answer and explanation

Correct answer A

Section 226 concerns the attempt and the intent to compel or restrain a public servant in the discharge of official duty. Amit attempted to compel withdrawal of an official order, so the stated facts satisfy those elements. Section 22 asks whether unsoundness of mind caused the specified incapacity at the time. Amit's account of depression, frustration and deliberation does not establish that incapacity. The BNS contains no general offence corresponding to former IPC section 309.

Option feedback

Option A

The stated intent concerns discharge of an official duty. The facts do not establish incapacity under section 22.

Option B

Section 226 requires an attempt with the specified intent. Death is unnecessary.

Option C

Section 22 requires incapacity caused by unsoundness of mind at the time. A report of depression alone does not establish it.

Option D

The facts satisfy the elements in section 226 and do not establish the section 22 exception.

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