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@article{191433,
        author = {Mr. Akshay Parmar},
        title = {Volitional Impairment vs. Cognitive Impairment: The Incomplete Defence under Section 22 of the Bharatiya Nyaya Sanhita (BNS)},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {8},
        pages = {7336-7343},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=191433},
        abstract = {This study assesses whether the insanity defence that serves as a defence to crime in the context of Section 22 of the BNS, 2023, has been sufficiently adequate to rest on the factor of cognitive impairment in the face of volitional impairment despite the enormous developments made in the field of psychiatric science. The research methodology is a doctrinal and analytical research that scientifically evaluates statutory provisions, judicial interpretation and scholarly literature to determine the conceptualization of Indian criminal law concerning mental incapability and criminal responsibility. The study discusses the comparison of the cognitive test that underlies the M’Naghten Rules and the current understanding in mental health by qualitatively analysing secondary sources, which demonstrates that the legal standards and the current psychiatric categories are largely disavowed. The results demonstrates that Section 22 repeats to a large extent the previously existing Section 84 IPC, which perpetuates a very narrow test, accessible to exemption only under situations where the accused is incapable of knowing the kind or the wrongfulness of the act, but not with impulse-control or volitional disorders, which undermine self-regulation.},
        keywords = {Insanity defence, Cognitive impairment, volitional impairment, Criminal responsibility, diminished responsibility, mental health law, legal insanity, psychiatric jurisprudence},
        month = {January},
        }