Act of a person of unsound mind
AI Assist
Summary
An act is not an offence when the actor, because of mental illness at that moment, could not know the nature of the act or that it was wrong or illegal. It only applies if the incapacity existed while the act was done. The consequence is a defence of criminal non‑responsibility for that act.
Example
Ravi has a severe psychotic episode and, thinking a neighbour’s bicycle is his, takes it from outside the building. At that moment he cannot understand what he is doing or that it is wrong, so his act would not be treated as an offence under this rule.
Bare Act
Enacted textNothing is an offence which is done by a person who, at the time of doing it, by reason of mental illness, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
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