Insanity
Rajaramana RV
(Querist) 30 December 2013
This query is : Resolved
Dear Experts,
This is a section 326 case where the accused has been found to be suffering from schizophrenia by the government hospital and in his state has been accused of attacking the opposite party. How can he be released from this case? Can such a case be quashed under any special provision. The victim has also alleged that the person was suffering from mental illness at time of incident. Need help in solving this case for a friend.
prabhakar singh
(Expert) 30 December 2013
S. 84 of the Indian penal Code, 1860 mentions the legal test of responsibility in case of alleged unsoundness of mind. It is by this test as distinguished from a medical test that the criminality or the mens rea of the actus reus is to be determined. This section in substance is the same as the M'Naghten Rules which are still the authoritative statement of law as to criminal responsibility in spite of the passage of time.
If established as COGNITIVE ,it is a valid defense.
Sudhir Kumar, Advocate
(Expert) 14 January 2014
repeated
http://www.lawyersclubindia.com/experts/Insanity-defence-447381.asp
