insane.
37. The Indian Law on the defence of insanity in
embodied in Section 84 of IPC (hereinafter referred to as IPC ... same degree of
protection under Section 85 of the IPC as is given under
Section 84 of IPC for insanity. Voluntary
committed the murder of his mother-Laxmi. As such as per Section 84 IPC., this was an act of a person of unsound ... offence will not automatically entitle him to the benefit under Section 84 IPC. It is also contended that the burden of proof
provisions of Sections 334 and 335 of the Code of Criminal
Procedure. As per the provisions of Section 84 of the Indian
Penal Code, nothing ... offence
punishable under Section 302 of the Indian Penal Code, by
extending the benefit of Exception under the provisions of
Section 84 of the Indian
seeks exoneration from liability of an
act under Section 84 of the Indian Penal Code is to prove
legal insanity and not medical insanity. Expression ... queer are not sufficient to
attract the application of Section 84 of the Indian Penal Code.
10. In law, the presumption is that every person
insane or unsound
mind, therefore, non liable for prosecution as per
section 84 of I.P.C.?"
6. After considering both oral and documentary ... mental illness that would enable him to take benefit
of Section 84 IPC. The High Court took into
consideration the totality
plea of insanity and unsoundness of mind as per Section 84
of the Indian Penal Code and same was accepted and bail
was granted ... Supreme Court while considering the provisions of
Section 84 of the Indian Penal Code, held at paragraphs
16, 17, 20 to 27 as under
takes that contention as per Section 105 of the
Indian Evidence Act. If we see Section 101 of the
Indian Evidence Act, it also enumerates ... mind as to be
entitled to the benefit of Section 84 of
the Indian Penal Code can only be
established from the circumstances
which preceded
then, was not sufficient to bring the case Under Section 84 of the Indian Penal Code; consequently, he found the accused guilty of an offence ... whether the accused is entitled to the benefit of Section 84 of the Indian Penal Code. It has been urged by the learned Advocate
establish the
acts done are not offences under Section 84 of the Indian
Penal Code, it must be proved clearly that, at the time ... establish that the acts done are not
offences under Section 84 of the Indian Penal Code,
if must be proved clearly that, at the time
Section 84 of the Penal Code, 1860:
"84. Act of a person of unsound mind.--Nothing
is an offence which is done ... doing what is either wrong or contrary to law."
Section 84 IPC recognises only an act which could not
be termed
