examined four witnesses in
support of his defence. Now, the appellant had claimed
the defence of insanity at the time of murder; no such
plea ... also accepted that insanity in medical
terms is distinguishable from legal insanity. In most
cases, in India, the defence of insanity seems
Ashok Singh vs State Of M.P. on 10 December, 2021
Author: Rajeev Kumar Shrivastava
have distinguished the legal insanity
with medical insanity as under:
"26. The defence of insanity has been well known in the
English Legal System ... made
between legal insanity and medical insanity. A Court is
concerned with legal insanity, and not with medical
insanity. The burden of proof rests
alsoacceptedthatinsanityinmedicaltermsis
distinguishablefromlegalinsanity.Section84ofthePenalCode,1860recognises
the defence of insanity ... timeofthecrime.Legalinsanity
is to be distinguished from medical insanity. The burdentoprovelegal
insanityissquarelyontheaccused
mere existence of any insanity whatever will Suffice to exempt the insane person from criminal responsibility.
Only insanity of a particular and appropriate kind will ... moral insanity i.e., existence of delusions which indicate a defect of insanity such as will relieve a person from criminal responsibility, any defence
Accused cannot be
acquitted solely on this ground. Coming to the defence of
insanity, so taken by the accused, before we deal with the
evidence ... held that it
would be most dangerous to admit the defence of insanity
upon the arguments derived merely from the character of
the crime
Anant Pundlik Patkar (D.W. 2) in support of his defence of insanity under Section 84 I.P.C. The burden is always ... raised by the appellant-accused. The defence examined Dr. Patkar (D.W. 2) to substantiate the defence of insanity set up by him. Dr. Patkar
insanity has to see the legal
insanity and not medical insanity. It is for the accused
to prove that he was suffering from insanity ... made
between legal insanity and medical insanity. A Court is
concerned with legal insanity, and not with medical insanity.
The burden of proof rests
first question is, would it be correct to say that insanity affords defence to the plea of cruelty? Mr. Gadgil relied upon a passage ... better understanding of insanity than lawyers, that there are types of insanity not within the rules which deprive the insane man of choice or responsibility
proved and it would be most dangerous to admit the defence of
insanity upon arguments derived merely from the character of the crime.
Their Lordships ... contrary is
proved. It would be most dangerous to admit the
defence of insanity upon arguments derived
merely from the character of the crime
