Indian Penal Code, 1860, Section 84 -- Unsoundness of mind at the time of commission of offence - Every person who is suffering from mental disease is not ipso facto exempted from criminal liability - The mere fact that the accused is conceited, odd, irascible and his brain is not quite all right, or that the physical and mental ailments from which he suffered had rendered..........
Indian Penal Code, 1860, Section 457, 376, 84 -- House breaking by night followed by rape on victim - Accused had gone to the house of victim on the pretext of inquiring about his brother who is son-in-law of victim - Earlier also accused went to the house of victim in search of his brother, who was alleged to be on strained relationship with daughter of victim, was with..........
Indian Penal Code, 1860, Section 84 -- Mentally insane - For claiming the benefit of defence of insanity appellant has to prove that his cognitive faculties were so impaired, at that time when the crime was committed, as not to know the nature of act - The crucial point of time is the time when the offence is committed...........
Indian Penal Code, 1860, Section 302, 304A -- Part-II, 84 - Culpable homicide - Benefit of insanity - Accused, after pouring petrol on deceased, set him on fire - While admitting deceased to hospital, father of deceased stated that accused was an insane person - Father of deceased not examined - Medical evidence not sufficient to come to conclusion that accused was..........
Indian Penal Code, 1860, Section 84 -- Insanity - Accused can discharge his burden of proof by preponderance of probabilities - Court is to see after due consideration of evidence if accused is entitled to acquittal or liable for lesser offence...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Prosecution is duty bound to subject accused to medical examination immediately when plea of insanity is taken by the accused...........
Indian Penal Code, 1860, Section 84, 302, Evidence Act, 1872, Section 105 -- Plea of insanity - Murder case - Burden of proving the existence of circumstances bringing the case within the purview of S.84 of the Code lies upon the accused u/s 105 of Evidence Act...........
Indian Penal Code, 1860, Section 84, 302 -- Murder - Plea of insanity - State witness mother of the deceased and aunty of accused - Mother of deceased has gone on record to say that accused was ill and was getting hallucinations - Held, this is important circumstance pointing towards the insanity of the accused - Accused had killed her daughter - Mother of deceased would..........
Criminal Procedure Code, 1973, Section 335 -- Acquittal of accused in murder case on ground of insanity - Accused to be detained in safe custody after acquittal - Accused from poor strata of society - Her relatives unable to bear expenses for her treatment - She was directed to be kept in regional mental hospital...........
Indian Penal Code, 1860, Section 84 -- Insanity - Accused convicted for causing murder of his wife - Accused pleaded that he was insane, not knowing the nature of the act - No medical evidence to indicate that before or at the time of commission of offence, accused was suffering from any kind of mental disorder or insanity so as to incapable of understanding the nature of..........
