Section 84 - IPC

BURDEN OF PROOF

S. 84 - IPC

1. Proposition of doctrine of burden of proof in the context of plea of insanity

2. Burden is upon the accused to rebut the presumption by relying on materials already before Court

3. Burden of proof is upon the accused to prove the legal insanity under Sec.105 of Evidence Act

4. Mere production of OPD card and statement - not sufficient

5. Proved clearly that at the time of commission of act the accused by reason of unsoundness of mind was incapable of knowing the nature of act

CONDUCT

S.84 - IPC

1. Where Exception under Sec.84 is claimed, the Court has to consider whether at the time of commission of the offence the accused by reason of unsoundness of mind, was incapable of knowing the nature of the act

LEGAL INSANITY

S.84 - IPC

1. Distinction between legal insanity and medical insanity

2. Every person who is suffering from mental illness ipso facto is not exempted from criminal liability

ROLE OF INVESTIGATOR

S. 84 - IPC

1. If the Investigating Officer was fair enough and wanted to bring the true facts before the Court he would have made an enquiry into the aspect of the soundness of the mind of the accused

2. Investigation shall not be confined to the acts committed by a person - Depending on facts and circumstances of the case many other relevant facts also have to be investigated in the light of the provisions contained in 'General Exceptions'

3. In view of the previous history of insanity of the accused, it was the duty of an honest investigator to subject the accused to a medical examination immediately

4. If previous history of insanity is revealed during investigation, the Investigating Officer has a duty to subject the accused to a medical examination