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Consider the following statements: The accused, at the time of committing the act, because of unsoundness of mind, is incapable of knowing.
1. The nature of the act.
2. That the act is wrong or contrary to law.
3. That the act is unethical and wrong
4. That the act is wrong and contrary to law. To claim benefit of Section 84 of IPC;
which of these need to be proved?
1 and 4
1 and 2
2 and 3
3 and 4.
- Statement 1: The person cannot understand the nature of the act due to unsoundness of mind.
- Statement 2: The person cannot comprehend that the act is wrong or contrary to law because of mental incapacity.
- Statement 3: This involves awareness of whether the act is unethical and wrong from a moral standpoint.
- Statement 4: Understanding that the act is both wrong and contrary to the law.
- Option 1 (1 and 4): Covers the nature and the legal aspect of the act, not necessary for Section 84.
- Option 2 (1 and 2): Addresses both the nature of the act and its legality, aligning with the requirements of Section 84 for claiming insanity.
- Option 3 (2 and 3): Focuses on legality and ethical wrongdoing; ethical awareness isn’t required for Section 84.
- Option 4 (3 and 4): Ethical and combined legal awareness, which isn't needed for Section 84.
The correct answer is Option 2: 1 and 2.
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