Side-by-Side Comparison

82 vs 20

The renumbering of legal protections for those lacking criminal capacity — children, the insane, and the involuntarily intoxicated.

What Changed?

Direct renumbering with no changes to the age limits for children (under 7 and 7-12).

Identical criteria for legal insanity and intoxication defences.

Maintains the Doli Incapax and McNaughten legal standards.

Verdict

"Legal continuity for defences based on age or mental state."

Detailed Analysis

OLD LAW (IPC)

82

Act of 1860

Section Data Pending

Details for this section are being updated.

PunishmentN/A

REFORM

NEW LAW (BNS)

20

Act of 2024

Section Data Pending

Details for this section are being updated.

PunishmentN/A

1860

82 Origin

2024

20 Reform

Legal Implications

Justice requires that a person must be mentally and legally capable of committing a crime. Sections 82-86 of the IPC protected those who could not form Mens Rea. The BNS (Sections 20-24) adopts these provisions entirely.

Practical Scenarios

"A person who is intoxicated against their will and commits a crime (BNS 23, formerly IPC 85)."

"A young child committing an act that would otherwise be a crime (BNS 20/21)."

Expert Q&A

Is insanity a common defence?

No. The burden of proof is very high; one must prove legal insanity (incapacity to know the act was wrong) at the exact moment the crime was committed.

What is the age of criminal responsibility in India?

Below 7 years — absolute immunity (doli incapax, Section 82/BNS 20). Ages 7–12 — qualified immunity (Section 83/BNS 21): criminal liability only if the child had 'sufficient maturity of understanding.' The Juvenile Justice Act 2015 separately treats all persons below 18 as juveniles.

How high is the bar for the insanity defence (Section 84/BNS 22)?

Very high — Section 84 requires that at the exact moment of the act, due to unsoundness of mind, the accused either did not know the NATURE of the act, or did not know it was WRONG or contrary to law. Ordinary mental illness or depression does not meet this threshold.

Does voluntary intoxication excuse criminal behaviour?

No — Section 86 IPC / BNS 24 expressly excludes voluntary intoxication as a defence for knowledge-based offences. Only involuntary intoxication (Section 85/BNS 23 — spiked drinks, forced consumption) can excuse criminal behaviour.

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