The government has introduced the term “unsound mind” in place of “mental illness”, on the recommendations of a parliamentary panel, in the redrafted criminal law bills that seek to replace the British-era Indian Penal Code, CrPC and Indian Evidence Act.
The Bharatiya Nyaya Sanhita Bill was first introduced in the Lok Sabha on August 11, along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bills.
The proposed laws used the term “mental illness” with meaning assigned to it in clause (a) of section 2 of the Mental Healthcare Act, 2017.
The Parliamentary Standing Committee on Home Affairs, headed by BJP MP Brijlal, had recommended that the word “mental illness” in the proposed laws may be changed to “unsound mind” as mental illness is too wide in its import in comparison to unsound mind, as it appears to include even mood swings or voluntary intoxication within its ambit.
The panel made the observations in its report prepared after examining the proposed laws.
The redrafted versions of the bills — Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) bill — introduced on Tuesday replaced the term “mental illness” with “unsound mind”.
“Nothing 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,” the redrafted version said.
Two key recommendations of the panel — to include a gender-neutral provision criminalising adultery and a clause that criminalises non-consensual sex between men, women, transpersons, and acts of bestiality in the BNS — have been rejected by the government and are not included in the revised bill as well.
The government rejected the proposal of the panel to retain Indian Penal Code section 377 provisions related to carnal intercourse with minors and acts of bestiality in the proposed bills.
The panel had also suggested that the IPC provision related to adultery should be retained in the Sanhita by making it gender-neutral “for the sake of protecting the institution of marriage”.
