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SI read that under 22BNSS a person is not criminally liable if under Hemp Insanity (Homicidal impulse while on drugs).
As far as what little I’ve read under Forensic part of MBBS. You need a motive to be held criminally liable especially for homicide.Under 22BNSS my understanding is that the person is not criminally liable if insane (insanity for example mental illness such as Schizophrenia, Mania).
So if we take the recent case from Pune where the accused was drunk/on drugs when he ran over and killed someone while speeding would he be free of criminal liability if an expert witness testifies that he had hemp insanity (under the assumption that he THC in his system)
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BFirstly, understand that the defense of insanity under Section 22 of the BNS is strictly applicable only to individuals suffering from severe mental disorders that impair their ability to comprehend the nature and consequences of their actions. In the Pune case, the intoxication was voluntary, and as per Section 24 of BNS, voluntary intoxication does not absolve criminal liability. I suggest you refer to Section 24 BNS for a clearer understanding of its legal implications.
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S23 BNS mentions crimes committed under involuntary drunkenness is not liable for punishment
24 BNS crime committed under voluntary drunkenness is liable for punishment
22BNS is about insanity, but also includes insanity arising as a result of voluntary consumption. For example if a person commits a crime while under delirium tremens (arising during alcohol withdrawal) or hemp insanity (insanity arising out of THC).
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