Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden lies on accused to prove plea of insanity - Merely by saying about mental status of a person without any document to substantiate the same cannot be said to be proved for the purpose of accepting the plea of insanity - Oral statement must be supported by documentary evidence...........
Indian Penal Code, 1860, Section 302, 307, 325, 84 -- Murder of 2 years old girl - Plea of insanity - Accused dashed the head of deceased against the wall, as a result she died and also assaulted the mother of deceased - Plea of insanity never taken in the course of investigation, rather it was taken first time in the course of trial - No document produced by defence in..........
Indian Penal Code, 1860, Section 84 -- Legal insanity - Accused is not expected to prove legal insanity beyond doubt - Proof required is of mere preponderance of probabilities...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Can only be taken as defence during trial - Said plea cannot be taken for throwing out Final report, as standard of proof required is only by proof through preponderance of probabilities and not proof beyond doubt...........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Not only mental illness but mental retardation which is an infirmity of mind by birth also falls within definition of unsoundness of mind...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Crucial point of time for ascertaining existence of circumstances bringing case within purview of S.84 IPC, is time when offence is committed...........
Indian Penal Code, 1860, Section 302, 84 -- Murder of son by mother - Plea of insanity - Accused was suffering from mental disorder, which is supported by FIR - Evidence on record shows that accused was admitted in hospital for treatment and remained there for more than six months - Doctor's report shows that accused was suffering from schizophrenia at time of occurrence -..........
Indian Penal Code, 1860, Section 302, 84, 504 -- Murder - Plea of insanity by accused - Performance of Pooja and preparation of tea immediately after committing murder by accused, would be relevant factor in holding that accused was not unsoundness of mind at the time of incident, particularly when there is no evidence adduced by accused to show that he was suffering from..........
Indian Penal Code, 1860, Section 84, 376 -- Plea of insanity - Rape - Medical evidence produced is not sufficient to prove that at the time of commission of rape, accused was medically insane and incapable of understanding the nature of act performed by him - Doctor did not notice any abnormality in his behaviour - Plea of insanity is not available to accused u/s 84 IPC as..........
Indian Penal Code, 1860, Section 84 -- Insanity - Law presumes every person to be sane unless contrary is proved - Burden of proving insanity lies upon accused who claims to be insane - Fact of insanity is to be decided on preponderance of probability - Insanity is not to be proved beyond reasonable doubt to get acquittal...........
