Act of a person of unsound mind
AI Assist
Summary
If, because of unsoundness of mind, a person at the time of doing an act cannot understand the nature of the act or that what they are doing is wrong or contrary to law, that act is not an offence. It only applies when the incapacity exists at the moment of the act. The result is no criminal liability, though medical care or supervision may follow.
Example
Ravi, during a severe psychotic episode, enters a shop and takes items believing they belong to him. At that moment he cannot grasp the nature of taking or that it is wrong. Under this rule his action is not an offence, though police may refer him for medical treatment.
Bare Act
Enacted textNothing 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.
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