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Under section 22 of the Bharatiya Nyaya Sanhita, 2023, an accused knew the nature of the act. Which…

The alternative test asks whether unsoundness of mind made the person incapable of knowing that the act was wrong or contrary to law at the time.

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Under section 22 of the Bharatiya Nyaya Sanhita, 2023, an accused knew the nature of the act. Which remaining cognitive test does the provision state for the defence based on unsoundness of mind at the time of the act?

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Answer and explanation

Correct answer A

The alternative test asks whether unsoundness of mind made the person incapable of knowing that the act was wrong or contrary to law at the time.

Option feedback

Option A

The statutory alternative concerns incapacity, by reason of unsoundness of mind, to know that the act was wrong or contrary to law.

Option B

The provision does not test knowledge of the penalty.

Option C

The accused’s ability to name the offence is not the statutory test.

Option D

The provision does not test knowledge of a civil compensation obligation.

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