Defense in Insanity | Legal Concept | Mental Disorder | The National TV
- by Shashank-Pant
- May 04, 2020 16:45
In India, the ground for insanity can be taken under section 84 of the Indian penal code but for taking the defense of Section 84 the accused person at the time of committing the alleged offense should not know the nature of the alleged offense. Indian law is wider than English law on the ground of insanity.
Indian law on insanity is governed from the M’ Naughtens rule:
The person named naughtens was accused of killing the secretary the prime minister and took the defense insanity after which court laid down naughtens rule of insanity where a person taking the defense of insanity.
1- should not know the nature of the act he had committed.
2- he should not know that the act he is doing is wrong and such action must be legally wrong, wrong means anything which is contrary to law.
Under section 84 of IPC, there is no such word like `insanity’ rather there is `unsoundness’.
In Ashirrudin Ahmed v. The king
The Calcutta high court gave rise to the third test of insanity to claim the benefit of section 84 of IPC:
1- he did not know the nature of the act charged.
2- he did not know that it was contrary to law.
3- he did not know it was wrong.
A person who knows his act is nefarious or contrary to the law cannot claim the benefit of section 84 IPC
In Sheralli Mohd v. Maharashtra
It was held by the hon’ble court the essentials must be proved for the defense under section 84-
1- The accused was insane.
2- he must be insane at the time of commitment of the act not before or after the act.
3- he was not capable of knowing nature.
In Surendra Mishra V. State of Jharkhand
Some new terms came into light that was:
1- the accused person has to prove legal insanity, not mental insanity. Every person who is suffering from mental disease is not exempted from criminal liability.
2 burden of proof is on the accused and he must prove it beyond a reasonable doubt.
Legal insanity and medical insanity
Medical insanity is when the person is suffering from some mental illness
But in legal insanity is when he is suffering from mental illness and has lost the reasoning power, so every legal insanity is medical insanity but every medical insanity is not legal insanity.
Burden of proof
The burden of prove under section 105 of the Indian evidence act is on the accused as he is the one who has to prove it beyond reasonable doubt to take advantage of it.
Actus Non Facit Reum Nisi Mens Sit Rea
This legal maxim means that nothing constitutes guilt unless done with the guilty intention that means the particular activity must be done with evil intention and for that, he must know the nature of the act.
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