R, suffering from a severe mental disorder, kills S during a psychotic episode. At the time of the act, R was incapable of understanding the nature of his actions or knowing that what he did was wrong or illegal. Under Section 22 of the BNS, R:

The correct answer is Is not guilty, as he lacked the mental capacity to understand his act

Key Points

• Under Section 22 of the BNS, 2023, a person is not criminally liable if, at the time of the act, due to unsoundness of mind, they:
  • Cannot understand the nature of the act,
  • Or cannot recognize that it is wrong or contrary to law.
• In this case, R meets both conditions.
• Therefore, no offence is committed, even if the act (like killing) is serious, because criminal intent (mens rea) is absent.