insanity. It is often said that there is a difference between legal insanity
and medical insanity and that Section 84 IPC makes a plea ... reasonably
understand, medical insanity is insanity, which, according to Medical
Science, is an insanity; whereas legal insanity is what Section 84 IPC, in
substance, defines
offence.
(7) The insanity to be proved is required to be the legal insanity and not the medical insanity which should affect the cognitive faculties ... plea. We have, also, given our anxious thoughts to the submissions raised on behalf of the accused reiterating the plea of insanity before
appellant.
5
5. The Trial court eventually rejected the plea of
insanity and found the appellant guilty of the charges
framed against him and sentenced ... appellant on the
life of his wife Dhanalakshmi. The plea of insanity was
rejected by the High Court on the ground that there
well-founded and cannot be assailed.
2. At the trial, a plea of insanity was raised and it was contended that the acts ... invoking the plea of insanity. There is a distinction between 'medical insanity' and 'legal insanity' and the Court is only concerned
insanity is not legal insanity.
(b) The court shall presume the absence of such
insanity
(c) The burden of prove of legal insanity ... insanity is not legal
insanity; (b) The court shall presume the absence of such insanity; (c) The burden of
prove of legal insanity
Learned counsel relied on the following circumstances in support of his plea of insanity.
(a) There is absolutely no motive for the accused to kill ... recent case where the plea of insanity was raised, vide our judgment in Harold Correa v. State of A.P. Crl. Appeal
Bhattacharyya raised volley of questions to submit that apart from the plea of insanity which is the second chapter of his argument evidences ... pillars of the prosecution case only if the plea of insanity remains unsubstantiated. In other words, extra-judicial confession would lose its force only
discharge the
onus cast upon him thus to prove the plea of insanity, therebys the onus shifted
upon the prosecution to prove, that the accused ... INSANITY DIFFERENT FROM MEDICAL
INSANITY
Every person suffering from mental disease cannot be allowed
to avoid responsibility for a crime by invoking the plea
insanity is not legal insanity.
(b) The court shall presume the absence of such
insanity
(c) The burden of prove of legal insanity ... insanity is not legal
insanity; (b) The court shall presume the absence of such insanity; (c) The burden of
prove of legal insanity
submission of the learned Amicus Curiae for the
appellant regarding the plea of insanity, the learned Additional Public
Prosecutor has submitted that the appellant ... nowhere taken any
plea of insanity during the trial.
43. She submitted that to give the benefit of Section 84 of the Indian
Penal Code
