Consider the following with respect to defence of insanity 1 A plea of insanity at the time of trial...........

Indian Penal Code (IPC) 1860 General Exceptions

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Consider the following with respect to defence of insanity.

1. A plea of insanity at the time of trial will not be available to the accused

2. Section 84 protects legal insanity and uses the word insanity

3. Irresistible impulse is a defence available in case of insanity

4. The burden of proof in case of defence of insanity lies on the accused to show his mental condition

Which of the above are correct?

1 and 4

1, 2 and 4

2, 3 and 4

All of the above

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Explanation:

Arijit Pasayat and the Bench of Justices, DK Jain, stated while upholding the life conviction of a man who cut off his wife’s head. The mere abnormality of mind, partial delusion, irresistible impulse or compulsive behavior of a psychopath does not provide protection from criminal prosecution as provided by the apex court held Section 84 of the Indian Penal Code (IPC). The Bench stated that Section 84 of the IPC, which provides immunity from criminal prosecution to persons of unsound mind, would not be available to an accused, as the burden of proving insanity would lie with them, as provided in Section 105 of the Indian Evidence.

Section 84. Act of a person of unsound mind. Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.