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Section 22 — Act of a person of unsound mind
22
22
Act of a person of unsound mind
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Mental HealthGeneral ExceptionsInsanity DefenseCriminal Law
🗣️ Simple Explanation
What does this law say? Section 22 of the BNS says that a person is not guilty of a crime if they were of unsound mind when they did it. This means they didn't understand what they were doing or that it was wrong. This section replaces the old Section 84 of the IPC.
Why does this law exist? This law recognizes that people with mental health issues may not be able to control their actions. It aims to be fair and just to those who are not fully aware of their actions.
Real-life impact If a person commits a crime while experiencing a mental health crisis, they may not be held responsible. Instead, they might receive treatment. This law protects people who are not in control of their actions due to mental illness.
What happens if you break this law? If a person is found to be of unsound mind at the time of the act, they are generally not punished. Instead, they may be sent for mental health treatment. The police can arrest without warrant, but the focus is on care, not punishment.
💡 Real Life Example

Amit, suffering from a severe mental illness, damages property during a psychotic episode. Because he was of unsound mind, he is not held criminally responsible. He will receive mental health treatment instead.

Sneha, experiencing a manic episode, steals something. If it's proven she didn't understand her actions were wrong, she might not be punished. The focus will be on her mental health.

🛡️ KNOW YOUR RIGHTS
  • •Seek legal counsel immediately if accused.
  • •Inform the police about your mental health condition.
  • •Request a medical evaluation.
  • •You have the right to legal aid.
  • •Understand your rights during questioning.
❓ FREQUENTLY ASKED QUESTIONS
Section 22 of the BNS says that a person is not guilty of a crime if they were of unsound mind when they did it. This means they didn't understand what they were doing or that it was wrong. The law focuses on the person's mental state at the time of the act.
If a person is found to be of unsound mind at the time of the act, they are generally not punished. Instead, they may be sent for mental health treatment. The police can arrest without warrant, but the focus is on care, not punishment. The goal is to help the person.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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