Bharatiya Nagarik Suraksha Sanhita, 2023
Section 373
Judgment of acquittal on ground of unsoundness of mind
Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Why this exists
An acquittal on the ground of unsoundness of mind is different from an ordinary acquittal — it does not mean 'the person didn't do it,' but 'the person did it but cannot be held criminally responsible.' This section requires the court to be explicit about which is which, because that finding decides whether the person can be safely released or must instead be detained for treatment under the sections that follow.
Common misconceptions
- Myth: An acquittal on grounds of unsoundness of mind means the court found the person innocent of the act.
Fact: It usually means the opposite — the court found they did the act, but cannot be criminally punished for it because of their mental state at the time.