Section 22 of the Bharatiya Nyaya Sanhita, 2023: Acts Committed by Persons with Mental Illness

Introduction

Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides that an act will not constitute an offense if it is done by a person who, at the time of committing the act, owing to unsoundness of mind due to mental illness, is unable to understand the nature of the act or know that the act is wrong or unlawful. citeturn0search6

Reasoning Behind Section 22

This section recognizes that some individuals suffering from severe mental illnesses do not have the mental capacity to understand their behavior or to differentiate between right and wrong. It would be unfair to hold them criminally liable because they lack the required mental capacity to entertain intent. Hence, the law excludes them from liability in such situations.

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Illustrative Example

Consider a situation where someone suffering from a serious mental disorder thinks that he is acting according to a command from God and, therefore, injures some other person unaware of the true nature or criminality of the act. Under such circumstances, Section 22 states that such a person is not to be held criminally liable, owing to his lack of understanding about the nature and consequences of the act.

Distinction Between Mental Illness and Mental Retardation

It is necessary to distinguish between mental illness and mental retardation. Mental illness is conditions that impact a person’s thinking, feeling, mood, or behavior, like schizophrenia or bipolar disorder. Mental retardation, better referred to now as intellectual disability, is limitations in intellectual functioning and adaptive behavior. The BNS, in bringing itself in line with the Mental Healthcare Act, 2017, leaves out intellectual disabilities from the definition of mental illness and makes the exemption concentrate on those whose impairments affect their understanding of their actions. citeturn0search2

Judicial Interpretation

Courts determine Section 22 claims based on medical evidence and the facts of the offense. The defense must prove that the accused was mentally ill at the time of the act and could not comprehend its nature or that it was wrong. This determination ensures that only those who truly lack understanding are exempted from criminal responsibility.