IPC 84 vs BNS 84
● Retained in BNSAct of a person of unsound mind
Section 84 of the Indian Penal Code, 1860, provides protection for individuals who commit an offense while being of unsound mind. The law recognizes that criminal liability requires mental capacity to understand the nature and consequences of an act, and persons of unsound mind may lack this capacity.
Under IPC 84:
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A person is not criminally liable if, at the time of the act, he was incapable of knowing the nature of the act or that it was wrongful or forbidden by law due to unsoundness of mind.
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This provision ensures that punishment is imposed only on those who can reasonably comprehend their actions.
For example, a person suffering from severe mental illness who unintentionally injures another person may be exempt from criminal liability under IPC 84, provided medical evidence confirms their inability to understand the act.
IPC 84 reflects the principle of mens rea, ensuring that criminal responsibility is based on both action and understanding. It also promotes fairness and justice by protecting vulnerable individuals who lack mental capacity.
Thus, IPC 84 is a critical safeguard in criminal law, emphasizing that only those capable of understanding their actions can be held liable.
Act of a person of unsound mind
Section 84 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 84, continuing to protect persons of unsound mind from criminal liability.
Under BNS 84:
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A person is not liable for a criminal offense if, due to unsoundness of mind, he was unable to understand the nature or wrongfulness of the act at the time of commission.
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Protection applies only when mental incapacity prevents formation of criminal intent (mens rea).
For instance, individuals suffering from severe psychiatric disorders who unintentionally commit acts prohibited by law are shielded under this section, provided medical or expert evaluation confirms their incapacity.
By retaining the principle of IPC 84, BNS 84 emphasizes fairness, protection of the vulnerable, and proportionality in criminal law. It ensures that punishment is applied only to those who possess the mental ability to comprehend their actions and the legal consequences.
Thus, BNS 84 continues IPC 84’s role as a critical safeguard in the criminal justice system for persons of unsound mind.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 84 to BNS BNS 84.