JUDGMENT :

M.M. SUNDRESH, J.

“Was’t Hamlet wronged Laertes? Never Hamlet. If Hamlet from himself be ta'en away, And when he's not himself does wrong Laertes, Then Hamlet does it not; Hamlet denies it. Who does it, then? His madness. if't be so, Hamlet is of the faction that is wronged; His madness is poor Hamlet's enemy.”

- William Shakespeare

(Source: Hamlet, W.S. (Play) Act-5 Scene-2 Line-245)

1. While acknowledging the hurt that he has caused to Laertes for causing the death of his father, whom he murdered by way of a mistaken identity, Hamlet pleads temporary madness. While pleading so, he disassociates himself from the act as if it was done by a third person and he was made to suffer the consequence. He thus pleads to treat him as a victim rather than an offender. Though the act of Hamlet does constitute a culpable homicide coming within the definition of Section 300 of the Indian Penal Code, 1860 an act of unsound mind would not attract the same. Through these lines, Shakespeare brings out the agony of a man having to justify his act of madness.

2. Raising the plea of insanity on the mandate of Section 84 of the Indian Penal Code, 1860 (hereinafter ‘the IPC’) the appellant seeks re