parameters for claiming benefits under Section 84

SC defines parameters for claiming benefits under Section 84 In a ruling with wide ramifications, the Supreme Court has held that the police must get an accused claiming insanity under Section 84 of the Indian Penal Code medically examined before granting any immunity. Section 84, IPC states that nothing is an offence 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 bench comprising Justices Arijit Pasayat and M K Sharma in their judgement pronounced on August 29 laid down parameters for those entitled to the benefit of Section 84 of the IPC and has ruled that a mentally unsound person has to be any of the following categories; namely an idiot, very ill, lunatic and drunk. While maintaining the conviction and sentence of one Hari Singh Gond, a resident of Madhya Pradesh, who had murdered his wife and grandfather, the Supreme Court said "An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity without lucid intervals and those who are said to be idiots cannot count even till 20 or tell the days of the week or do not know their father or mother or the like". The Supreme Court also ruled out that the burden of proving insanity is on the accused seeking the benefit of Section 84. The apex court also said "Mere abnormality of mind or partial delusion, irresistable impulse or compulsive behaviour of a psychopath affords no protection under Section 84. If the investigating agency came across a history of insanity, it is duty-bound to subject the accused to a medical examination. If a medical examination is not conducted, the benefit of doubt has to be given to the accused." The court did not agree with the contention of the appellant Hari Singh Gond that he was an idiot when he committed the murder of his wife and grandfather claiming the benefit of Section 84. The apex court therefore defined the conditions one has to fulfill for being declared an insane.

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