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Under section 22 of the Bharatiya Nyaya Sanhita, 2023, which test applies to incapacity due to…

Section 22 applies where, at the time of the act, unsoundness of mind makes the person incapable of knowing its nature or that the act is wrong or contrary to law.

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Under section 22 of the Bharatiya Nyaya Sanhita, 2023, which test applies to incapacity due to unsoundness of mind at the time of the act?

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Answer and explanation

Correct answer D

Section 22 applies where, at the time of the act, unsoundness of mind makes the person incapable of knowing its nature or that the act is wrong or contrary to law.

Option feedback

Option A

Later memory loss does not establish incapacity when the act was done.

Option B

The test concerns knowledge of the act or its wrongfulness or illegality. It does not require knowledge of the available punishment.

Option C

A diagnosis alone does not establish the incapacity required by section 22 when the act was done.

Option D

This states the alternatives in section 22, which apply when incapacity is caused by unsoundness of mind at the time of the act.

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