AIR 2011 SUPREME COURT 627 ::(2011) 1 Mad LJ(Cri) 776

Supreme Court Of India

(From : Jharkhand)

Hon'ble Judge(s): H. S. Bedi, P. Sathasivam, Chandramauli Kr. Prasad , JJJ

(A) Penal Code (45 of 1860) , S.84— "Unsoundness of mind" - Expression not defined in IPC - Treated as equivalent to insanity - Accused seeking exoneration from criminal liability of an act u/S.84, IPC - Should prove legal insanity and not medical insanity. An accused who seeks exoneration from liability of an act u/S. 84 of the IPC is to prove legal insanity and not medical insanity. Expression "Unsoundness of Mind" has not been defined in IPC and has mainly been treated as equivalent to insanity. But the term insanity carries different meaning in different contexts and describes varying degrees of mental disorder. Every person who is suffering from mental disease is not ipso facto exempted from criminal liability. The mere fact that the accused is conceited, odd, irascible and his brain is not quite all right, or that the physical and mental ailments from which he suffered had rendered his intellect weak and affected his emotions or indulges in certain unusual acts, or had fits of insanity at short intervals or that he was subject to epileptic fits and there was abnormal behaviour or the behaviour is queer are not sufficient to attract @page-SC628 the application of Section 84 of the Indian Penal Code.(Para 9) (B) Evidence Act (1 of 1872) , S.102— Pen....