Section 22 BNS: Act of a person of unsound mind
Bharatiya Nyaya Sanhita, 2023
Section 22 BNS at a Glance
Section 22 BNS deals with act of a person of unsound mind. It replaced Section 84 IPC on 1 July 2024.
None. Section 22 BNS creates no offence.
Section 22 BNS Bare Act Text
22. Act of a person of unsound mind
Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Source: Section 22, Bharatiya Nyaya Sanhita, 2023
Section 22 BNS in Simple Words
Section 22 of the Bharatiya Nyaya Sanhita (BNS) protects a person who does an act while, by reason of unsoundness of mind, they are incapable of knowing the nature of the act or that what they are doing is either wrong or contrary to law. In simple terms, the law does not punish a person who lacked the mental capacity to understand their conduct at the time of the incident.
This section focuses on the person’s state of mind at the exact time of doing the act. Merely having a medical diagnosis or a history of mental disorder is not enough by itself. The unsoundness of mind must have made the person unable to know the nature of the act or its wrongfulness or illegality on that occasion.
In practice, this provision is a complete defence based on lack of criminal responsibility, not a punishment section. Courts examine medical evidence and surrounding conduct before, during, and after the incident to decide whether the defence applies.
Ingredients of Section 22 BNS
- An act is done which would otherwise be an offence
- The act is done by a person who is of unsound mind at the time of doing it
- By reason of that unsoundness of mind he is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law
Punishment Under Section 22 BNS
None. Section 22 BNS creates no offence.
None.
Section 22 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 22 BNS
When Section 22 BNS Does Not Apply
- The person is not of unsound mind at the time of doing the act
- The unsoundness of mind does not make him incapable of knowing the nature of the act or that it is wrong or contrary to law
- The incapacity is caused by intoxication, which falls under Section 23 BNS instead
Section 22 BNS in the IPC (Previous Law)
Section 22 BNS replaces Section 84 IPC from the old criminal code.
Section 22 BNS keeps the exception in the same words.
View IPC Section 84 →FAQs on Section 22 BNS
What does Section 22 of the Bharatiya Nyaya Sanhita say about a person of unsound mind?▼
Section 22 BNS says an act is not an offence if, at the time of doing it, the person was incapable of knowing the nature of the act, or that it was wrong or contrary to law, by reason of unsoundness of mind. The focus is on the person’s mental condition at the exact time of the act.
What has to be shown to get protection under Section 22 BNS?▼
It has to be shown that the person had unsoundness of mind and, because of that, could not understand the nature of the act or that it was wrong or contrary to law at that time. Just having a mental condition by itself is not enough under the text of Section 22 BNS.
Is there any punishment mentioned in Section 22 of the Bharatiya Nyaya Sanhita?▼
No. Section 22 BNS does not prescribe a punishment in its text because it states when an act is not an offence.
Under Section 22 BNS, what should I do if someone accused in a case may have been of unsound mind at the time of the act?▼
Section 22 BNS may apply if the person was incapable of understanding the nature of the act, or that it was wrong or contrary to law, because of unsoundness of mind at that time. The practical step is to place material about the person’s mental condition at the time of the incident before the court through a lawyer.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·