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Practice Moot
Practice Moot
The courts play an important rule as they have to make sure that a sane person doesn’t
absolve himself by wrongfully using the defence in his favour. In many jurisdictions,
this defence has been abolished completely, e.g., Germany, Thailand, Argentina, etc.
Ashis Dey v. State, 2003 SCC OnLine Cal 424
It is now well-settled that the crucial point of time at which unsoundness of mind should be
established is the time when the crime is actually committed and the burden of proving this
lies of on the accused.
There is a presumption that the accused was not insane, when he committed the crime, in the
sense laid down by s.84 of the Indian Penal Code: the accused may rebut it by placing before
the court all the relevant evidence-oral, documentary or circumstantial.
The law presumes that every person of the age of discretion to be sane unless the contrary is
proved. It would be most dangerous to admit the defence of insanity upon arguments derived
merely from the character of the crime.
In our opinion, an accused who 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
"unsoundness of mind" has not been defined in the Indian Penal Code and it has mainly been
treated as equivalent to insanity. But the term insanity carries different meaning in different
contexts and describes varying degrees of mental disorder. Every person who is suffering
from mental disease is not ipso facto exempted from criminal liability.
6: S.K. Nair Vs. State of Punjab *
It can not be said that being a paranoid, the appellant must be presumed to have committed
the said offences being seized of sudden impulsive fits of passion due to which temporarily
he was completely incapable of understanding the consequences of the acts.
The benefit of section 84 of ipc is available to a person who at the time of when act was done
was incapable of knowing the nature of his act or that what he was doing wrong or contrary
of law. The implication of this provision is that the offender must be of unsound mind at the
time of commencement of act and his unsoundness of mind earlier or later are relevant only
to the extent that they, along with other evidences, may be circumstances in determining the
mental condition of an accused on the day of the incident.
There cannot be any sentence/punishment less than imprisonment for life, if an accused is
convicted for the offence punishable under Section 302 IPC. Any punishment less than the
imprisonment for life for the offence punishable under Section 302 would be contrary to
Section 302 IPC.
Intention or the state of mind of a person is ordinarily inferred from circumstances of the
case. This implies that, if a person deliberately assaults to onether and cause injury to him,
then depending upon the weapon used and the body part on which it is struck, it would be
reasonable to assume that the accused had the intention to cause the kind of injury which he
inflicted.
It is the nature and gravity of the crime not the criminal which should be in consideration for
appropriate punishment in criminal trial. The court will be failing in its duty if appropriate
punishment is not awarded for a crime which has been committed not against only an
indivisual victim but also against the society.
11: Prem Singh vs State (Govt Of Nct Of Delhi)
To examine the guilt of the appellant, we must appreciate the evidence adduced by the
prosecution.
12: