1. State of Maharashtra VS Uttam Nandram Somwanshi - 22 Jul 08
insanity soon before and alter incident-Failed-No sign of insanity at the time of ’peshi’ before Magistrate-No proof of insanity ... Penal Code, 1860 - Sections 300 and 84-Defence of insanity of accused-As due to insanity unable to understood nature-Tried to prove ... ... Penal Code, 1860 - Sections 300 and 84-Exception of Section 84 insanity ... and medical insanity. ... , and not with medical insanity." . ... To establish insanity it must
India - Bombay
2. Basawan Mahto VS State Of Bihar - 18 Aug 03
defence has to prove all the three ingredients of Sec. 84 to establish insanity-It is not every form of insanity or madness that ... is recognised u/s 84 as sufficient excuse-Medical insanity is different from legal insanity which means destruction of the cognitive ... Indian Penal Code, 1860-Section 84-Proof of insanity-Law assumes that a man is prima facie sane and to earn exemption u/s 84 the ... Medical insanity is different from legal insanity. ... Every type of insanity recognised is ... no legal insanity unless the cognitive faculty of mind is destroyed as a result of unsoundness to such an extent as to render one
India - Patna
3. Lala Sk. alias Lalauddin VS State - 22 Mar 83
It would be dangerous to lay down that a man who committed a desperate offence for a trifling thing should before that reason alone considered innocent, being pointer to insanity.
(No)-Legal insanity and medical insanity the former when occurs. ... accused as to nature of act-Plea of insanity, if can be accepted? ... - (No)-Atrocity of offence for a trifling reason is not a pointer to insanity. ... and legal insanity. ... furnishes a ground for exemption and there can be no legal insanity unless the cognitive faculties of the accused are, as a result ... It is only legal insanity which
India - Crimes
4. Gopal Bhowmik VS State of Tripura - 16 Mar 01
Insanity itself does not permit to avail benefit of Section 84. Indian Penal Code unless it is proved that at relevant time of commission of offence person concerned was of such a degree of unsoundness of mind making him incapable of knowing nature of the act.
defence to substantiate plea of insanity - Insanity itself does not permit to avail benefit of Section 84 Indian Penal Code unless ... Indian Penal Code, 1860 Sections 84, 302 and 326 Appellant convicted for offences - Defence plea of insanity -Appellant came to house ... - No convincing evidence from any independent witness by defence to prove insanity suffered by appellant - Onus heavily lies upon ... , madness and lunacy are acquired insanity. ... suffered with by the appellant at the relevant time with a definite narration of the degree of insanity. ... Das, appearing on behalf of the appellant as Amicus Curiae raised the plea of insanity being suffered by the appellant Shri Gopal
India - Crimes
5. Itwar VS State of M. P. - 18 May 78
- when available - no evidence of insanity or partial delusion - plea not available. ... (1) Evidence Act, 1872 - S. 8 - plea of insanity - evidence of subsequent conduct of accused - use of. ... ... (2) Evidence Act, 1872 - S. 101 - burden of proof - plea of insanity ... If not, insanity is a defence. ... There is no evidence 3bout his insanity or partial delusion except the abruptness of the ... If not, insanity is a defence (3) If he knew the nature and quality of his act
India - Madhya Pradesh
6. Prakash Nayi @ Sen VS State of Goa - 12 Jan 23
(1) Mental insanity of accused – Existence of an unsound mind is a sine qua non to applicability of provision – Mere unsound mind per se would not suffice, and it should be to the extent of not knowing nature of act.(2) An act does not constitute guilt unless done with a guilty intention – Burden of proof does lie on accused to prove to satisfaction of Court that one is insane while doing act prohibited by law.(3) Murder – Mental insanity of accused – There was no motive and overt act attributed – Mere fact that appellant subsequently became fit to face trial is sufficient enough to render order of acquittal as it is indicative of his prior insanity.
(A) Indian Penal Code, 1860 – Section 84 – Mental insanity of accused – Existence of an unsound mind is ... an act, however, test is one of legal insanity to attract mandate of Section 84 of IPC – There must be inability of a person in ... cannot be said to mean unsoundness of mind – There may be a case where a person suffering from medical insanity would have committed ... Medical insanity and legal insanity are not necessarily congruent. ... and not medical insanity. ... A distinction is to be made between legal insanity and medical insanity.
India - Supreme Court
7. Ashok Dattatraya Godase VS State of Maharashtra - 21 Apr 93
Along with the insanity there must be proof of the fact that at time of commission of the act he was, in view of his insanity, incapable ... plea of insanity on basis of materials on record - Exception when could b. availed of? ... Section 84-Insanity-Plea of-Accused though not stated specifically under Section 313, Cr P.C. he cannot be debarred from raising ... He also took a plea of insanity. ... must be proof of the fact that at time of commission of the act he was, in view of his insanity, incapable of knowing the nature ... Along with the insanity there
India - Bombay
8. Shama Tudu VS State - 04 Apr 86
Where it is proved that the accused had committed multiple murders while suffering from mental derangement of some sort and it is found that there is absence of any motive, absence of secrecy, want of pre-arrangement and want of accomplices, it would be reasonable to hold that the circumstances are sufficient to support the inference that the accused suffered from unsoundness of mind
It was not a case of mere medical insanity, but one of legal insanity. ... raised by the accused - Whether the lower Court was right in rejecting the plea of insanity? ... Sections 84 and 302 - Appellant was convicted under - Appeal against-Without any motive, the appellant who had been suffering from insanity ... , but one of legal insanity. ... Hallucination occurs in insanity. So, also delusion. ... ' and 'legal insanity' and the court is only concerned with the legal and not 'with the medical view of the question.
India - Crimes
9. Ashis Dey @ Bablu Dey VS State - 01 Sep 03
Important PointInsanity as an exception to criminal liability should be one which disabled accused from knowing the character of the act during commission of criminal act & burden of proof lies upon accused though he may discharge it by preponderance of probabilities.
challenged on plea of insanity — Insanity as exception to criminal liability should be one which disabled accused from knowing the ... Indian Penal Code, 1860 — Section 84 — Insanity — Appellant convicted u/s. 302 IPC for murder of a minor female child — Conviction ... suffered insanity lies upon him — Plea was never raised during trial — Letter produced during appeal that appellant was suffering ... which is quite distinct from medical insanity. ... and the court has to abide by what is known as legal insanity and a person, only when he suffers from legal insanity on account ... has nothing to do with the question of insanity.
India - Crimes
10. Bollarapu Gangaram VS State of A. P. rep. by its Public Prosecutor - 30 Dec 10
Whenever a plea of insanity is taken by the accused, the burden is on him to establish the same. It must be pleaded and proved that he was suffering from insanity or unsoundness of mind at the time of commission of offence.
State of Gujarat1, wherein it is held thus: “The doctrine of burden of proof in the context of the plea of insanity may be stated ... AM, within two hours after the incident; that there is no evidence to show that the accused was actually suffering from mental insanity ... clear that it is at the time of offence the accused was incapable of knowing what is right and wrong and if it is proved about the insanity
India - Crimes