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Forensic Medicine · Forensic psychiatry: criminal responsibility
Sample itemA man with schizophrenia kills a neighbour in the belief that he is a demon attacking him, and does not realise that the act is wrong. Which legal test governs his criminal responsibility in India?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. Section 84 IPC (BNS 22), based on the McNaughten rules
Section 84 IPC (now BNS 22) exempts a person who, because of unsoundness of mind at the time of the act, was incapable of knowing the nature of the act or that it was wrong or contrary to law. It follows the McNaughten rules. Irresistible impulse, the Durham test and diminished responsibility are not recognised as general defences in India.
Option by option
A. Section 84 IPC (BNS 22), based on the McNaughten rules (correct)
Correct. Incapacity to know the nature or wrongfulness of the act at the time is the test.
B. Durham product test
The Durham product test is not adopted in India.
C. Irresistible impulse test
Irresistible impulse is not accepted in Indian law.
D. Diminished responsibility, reducing murder to culpable homicide
India does not recognise diminished responsibility as a general defence.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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