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Showing posts with label S 84 of IPC. Show all posts
Showing posts with label S 84 of IPC. Show all posts
Tuesday, 13 June 2023

Whether the court dealing with a person of unsound mind U/S 84 of IPC can adopt an accused-friendly approach provided under Chapter 25 of CRPC?

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CHAPTER XXV OF THE CODE OF CRIMINAL PROCEDURE 1973 15.  Chapter XXV of the Code of Criminal Procedure 1973 (hereinafter 'Cr.P.C.'), ...
Thursday, 17 September 2020

Madras HC: Precaution to be taken by the magistrate before committal of accused of unsound mind to session court

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While so, the police completed the investigation and filed a final report in P.R.C.No.15 of 2017 against Kaliyappan for the offence und...
Thursday, 20 August 2020

Supreme Court: Accused should raise plea of insanity or juvenility generally in the trial court

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Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised ...
Sunday, 21 October 2018

Whether offence committed due to Premenstrual Stress Syndrome (PMS) qualifies for the defence of insanity?

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It is trite that while the burden of proof for the prosecution to establish the guilt of accused is beyond reasonable doubt, the accused h...
Tuesday, 28 August 2018

Notes on provisions regarding accused person of unsound mind

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S 328 of CRPC(amended by amendment Act 2008 with effect from 31-12-2009) Procedure in case of  accused being lunatic:- 1) When a Magis...
Tuesday, 3 July 2018

Whether court can acquit accused even if he has failed to prove that he was insane at the time of incident?

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The   law   undoubtedly   presumes   that   every   person committing an offence is sane and liable for his acts, though in specified ...
Saturday, 10 June 2017

When defence of unsoundness of mind of accused is not tenable?

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On the other hand, learned Counsel appearing on behalf of the Respondent-State of Maharashtra sought to justify the correctness of the f...
Thursday, 29 December 2016

Whether accused can take defence of legal insanity when final report is filed by police?

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  The ingredients of Section 84 of the Indian Penal Code can only be taken as a defence during trial. It is not possible to throw out t...
Saturday, 27 September 2014

Whether mere prior incidence of psychiatric treatment is enough to prove legal insanity?

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State of Maharashtra vs. Santosh Maruti Mane, Confirmation Case No. 2 of 2013,  decided on September 9, 2014 Read full judgment here; cli...
Saturday, 21 April 2012

Whether person suffering from mental disease is exempted from criminal liability?

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 Next question which needs consideration is as to on whom the onus lies to prove unsoundness of mind. In law, the presumption is that e...