To take the defence of Section 22 of the Bharatiya Nyaya Sanhita, 2023, which of the following must be…
Under Section 22 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 84 of the Indian Penal Code, 1860), the accused must prove legal insanity—namely, that at the time of…
Choose your answer
To take the defence of Section 22 of the Bharatiya Nyaya Sanhita, 2023, which of the following must be proved by the accused?
Answer and explanation
Correct answer D
Under Section 22 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 84 of the Indian Penal Code, 1860), the accused must prove legal insanity—namely, that at the time of doing the act, by reason of unsoundness of mind, he was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. Medical insanity alone, without proof of such cognitive incapacity at the time of the act, does not establish the defence.
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