Question

Where an accused pleads the defence of unsoundness of mind under Section 22 of the Bharatiya Nyaya Sanhita, 2023 (which corresponds to Section 84 of the Indian Penal Code, 1860), on whom does the burden of proof lie, as laid down in Dahyabhai Chhaganbhai Patel
v. State of Gujarat?

A on the prosecution, to establish the sanity of the accused beyond reasonable doubt
B on the court, which must on its own conduct an enquiry into the accused's mental condition
C on the accused, who may discharge it on a preponderance of probabilities
D on the accused, who must establish insanity beyond reasonable doubt
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