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Which incapacity caused by unsoundness of mind at the time of an act falls within section 22 of the…

Section 22 of the Bharatiya Nyaya Sanhita, 2023 looks to what the person was incapable of knowing at the time of the act because of unsoundness of mind. A diagnosis alone…

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Which incapacity caused by unsoundness of mind at the time of an act falls within section 22 of the Bharatiya Nyaya Sanhita, 2023?

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Correct answer B

Section 22 of the Bharatiya Nyaya Sanhita, 2023 looks to what the person was incapable of knowing at the time of the act because of unsoundness of mind. A diagnosis alone does not establish that incapacity. Sections 23 and 24 address intoxication separately.

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Option A

Section 22 tests what the person could know about the act when acting. Inability to recall earlier events does not establish the required incapacity.

Option B

This is the cognitive incapacity specified in section 22.

Option C

Section 22 tests knowledge of the act and its wrongfulness or unlawfulness. It does not test knowledge of punishment or ability to prepare a defence.

Option D

Difficulty controlling an impulse does not satisfy the specified cognitive test when the person knows the nature and wrongfulness of the act.

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