Citation / judgement
Silabhadra Sastry Advocate
(Querist) 21 March 2012
This query is : Resolved
Dear Friends,my client is facing trial u/s 7, 13(2)R/w 13(1)D of Prevention of Corruption Act.My client is a chronic Psychiatric patient and has been entangle in the case being trapped by CBI for accepting bribe.So urgently I need a citation / judgement of Supreme Court / High Court on the subject a psychiatric / schizophrenia /mentally imbalanced patient / person does not differentiate what is right or wrong and do not have any mind set what to do or not to do.So he can not be held guilty and liable to be punished,so he will be set free or acquitted.Pl help me, its very urgent and to be filed in court by tomorrow 10A.M. in court.
ajay sethi
(Expert) 21 March 2012
The defence of insanity is recognized in India by virtue of Section 84 of the Indian Penal Code which reads as under:-
“Sec.84: 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.”
. A bare reading of Section 84 IPC reveals that the mental status of the accused has to be considered at the time of the doing of the act complained of. Thus, it would be useless evidence to simply prove that the accused suffered from schizophrenia or any other psychiatric or psychological disorder
ajay sethi
(Expert) 21 March 2012
if there is available proof before the Judge that the accused was suffering from a psychiatric or psychological disorder i.e. there was a history of insanity, it is the duty of the Court to require the investigator to subject the accused to a medical examination and place the evidence before the Court as observed in the decision reported as AIR 2009 SC 97 Sidhapal Kamala Yadav vs. State of Maharashtra
ajay sethi
(Expert) 21 March 2012
In the decision reported as AIR 2002 SC 3399 Shrikant Anandrao Bhosale Vs. State of Maharashtra there was past evidence of the accused suffering from Paranoid Schizophrenia since 1992. The conduct of the accused who killed his wife in day light and made no attempt to hide or run away from the scene of crime was held indicative of a mind not knowing the consequences of its acts.
Shonee Kapoor
(Expert) 21 March 2012
But psychatric porblem should be of that nature where the person is not able to dufferntiate between right and wrong,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
N.K.Assumi
(Expert) 22 March 2012
Section 84 is very clear, and the said acts should fall within that exception if not he will be liable.
Sudhir Kumar, Advocate
(Expert) 22 March 2012
The application of section 84 will depend upon the surrounding circumstance. In case the personal was really a mental wrek all the times and section 13(1)(d) case should lie against his sernior officer for not referring him to medical board.
Silabhadra Sastry Advocate
(Querist) 23 March 2012
Friends, thank you all for your support and specially to Mr.Ajay Sethi's citation which I have cited along with these citation on the ground asked by me.However the CBI Court cited all my citations but convicted the accused for one year,which I hope will be set-aside in Appellate Court.
. Sri Bangla Bagti Vrs. The State of Cr. Appl. No. 64(J) of 2007 (Gauhati High Court)
2. Radhey Shyam Vrs. State Crl. Appl. No. 871/2004
Delhi High Court reported in www.Indiakanoon.org
3. Srikant Anandrao Bhosale Vrs. State of Maharastra
Reported in A.I.R. (S.C.) 2002 Page 3399
4. Naresh Ch. Nath Vrs. State 1969 Gauhati High Court.
Reorted in www.indiakanoon.org
