Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC [Read Judgment]
6 years, 8 months ago

Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC [Read Judgment]

Live Law  

‘The accused has only to establish his defence on a preponderance of probability, after which the onus shall shift on the prosecution to establish the inapplicability of the exception.’The Supreme Court in Devidas Loka Rathod v. State of Maharashtra has reiterated that the onus on the accused, who takes a plea of insanity, is not as stringent as on the prosecution to be established. ‘The accused has only to establish his defence on a preponderance of probability, after which the onus shall shift on the prosecution to establish the inapplicability of the exception.’ The Supreme Court in Devidas Loka Rathod v. State of Maharashtra has reiterated that the onus on the accused, who takes a plea of insanity, is not as stringent as on the prosecution to be established beyond all reasonable doubts but he has only to establish his defence on a preponderance of probability after which the onus shall shift on the prosecution to establish the inapplicability of the exception. In this context, the bench said: “In view of the previous history of insanity of the appellant as revealed, it was the duty of an honest investigator to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt has to be given to the accused.” It further said: “The admitted facts in the present case strongly persuades us to believe that the prosecution has deliberately withheld relevant evidence with regard to the nature of the appellant’s mental illness, his mental condition at the time of assault, requiring hospitalization immediately after the assault and hindering his arrest, the diagnosis and treatment, the evidence of the treating doctor, all of which necessarily casts a doubt on the credibility of the prosecution evidence raising more than reasonable doubts about the mental condition of the appellant. Unfortunately, both the trial court and the High Court, have completely failed to consider and discuss this very important lacuna in the prosecution case, decisively crucial for determination or abjurement of the guilt of the appellant.” The bench further observed, referring to Surendra Mishra vs. State of Jharkhand, 11 SCC 8 49, that onus on the accused, under Section 105 of the Evidence Act is not as stringent as on the prosecution to be established beyond all reasonable doubts.

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History of this topic

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman
1 month, 2 weeks ago

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Live Law  

Finding that the convict was mentally unsound at the time of incident, the Punjab & Haryana High Court acquitted a man convicted and sentenced to life imprisonment for the murdering his three-year-old daughter.The Court allowed the defence under Section 84 IPC to the convict since mens rea was absent due to the accused's prolonged mental illness and he was incapable …

Bombay High Court considers insanity plea, grants bail to schizophrenic convict
2 months, 3 weeks ago

Bombay High Court considers insanity plea, grants bail to schizophrenic convict

India Today  

The Bombay High Court on Friday suspended the life sentence of a 35-year-old man suffering from schizophrenia, who had been convicted and sentenced for killing his own father in 2015. The court granted him bail after considering evidence of his schizophrenia diagnosis and the failure of the trial court to adequately address his insanity plea. The bench of Justices Bharati …

‘Figments of imagination’: Delhi HC junks plea seeking PM Modi’s disqualification
8 months, 3 weeks ago

‘Figments of imagination’: Delhi HC junks plea seeking PM Modi’s disqualification

Hindustan Times  

The Delhi high court on Wednesday directed law enforcement authorities to monitor Captain Deepak Kumar, a litigant who filed a plea seeking Prime Minister Narendra Modi’s disqualification, alleging that the PM attempted to kill him by planning the crash of an Air India flight. A bench comprising acting chief justice Manmohan and justice Tushar Rao Gedela dismissed Kumar’s plea, stating …

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
10 months, 3 weeks ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
1 year, 10 months ago

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process. A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari …

Burden Of Proof On Accused To Prove Plea Of Insanity Is One Of Preponderance Of Probability : Supreme Court
2 years, 1 month ago

Burden Of Proof On Accused To Prove Plea Of Insanity Is One Of Preponderance Of Probability : Supreme Court

Live Law  

Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. There may be a case where a person suffering from medical insanity would have committed an act, however, the test is one of legal insanity to attract the mandate of Section 84 …

"Burden To Prove Mental Incapacity Is On The Defence" : Supreme Court Upholds Conviction Of Man Accused Of Killing His Two Sons
2 years, 2 months ago

"Burden To Prove Mental Incapacity Is On The Defence" : Supreme Court Upholds Conviction Of Man Accused Of Killing His Two Sons

Live Law  

Rejecting his plea of mental incapacity, the Supreme Court upheld the conviction of a man accused of killing his two sons. Before the Apex Court, he took the following contentions - there was no reason or motive for him to kill his own sons; and the alleged want of explanation on the part of the accused cannot be a ground …

To Be Medically Or Legally Insane: Confusion Over The Meaning Of Section 84 Of The IPC
2 years, 6 months ago

To Be Medically Or Legally Insane: Confusion Over The Meaning Of Section 84 Of The IPC

Live Law  

In 1843, an individual by the name of Daniel McNaughton took a loaded pistol, at the parish of Saint Martin, and pulled the trigger on Edward Drummond, under the mistake of fact that he was the then-British Prime Minister Robert Pell. The distinction between the terms "Legal Insanity" and "Medical Insanity" in the context of this Section was recently clarified …

'Vague Reference To Previous Medical Treatment' : Calcutta HC Dismisses Plea Of Legal Insanity, Upholds Life Sentence Of Man For Murdering His Mother
3 years, 1 month ago

'Vague Reference To Previous Medical Treatment' : Calcutta HC Dismisses Plea Of Legal Insanity, Upholds Life Sentence Of Man For Murdering His Mother

Live Law  

The Calcutta High Court has recently upheld the life sentence awarded to a man for murdering his mother by dismissing his plea of legal insanity.A Bench comprising Justices Joymalya Bagchi and Kausik Chanda while dismissing the plea of legal insanity underscored, "I find it difficult to persuade myself that the appellant had discharged his onus to establish that he committed …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]
6 years, 1 month ago

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]

Live Law  

The High Court of Bombay has recently held that mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Justice S.M. The High Court of Bombay has recently held that mere contractions …

HC Approach Doubtful, Conviction Debatable: SC Grants Bail To 4 Convicts In 2002 Naroda Patiya case
6 years, 2 months ago

HC Approach Doubtful, Conviction Debatable: SC Grants Bail To 4 Convicts In 2002 Naroda Patiya case

Live Law  

The Supreme Court on Tuesday granted bail to four convicts in the Naroda Patiya massacre case in Gujarat in which 97 people were killed by a mob during the 2002 riots in the state. The bench comprising of Justice AM Khanwilkar and Justice Rastogi while granting bail to Umeshbhai Surabhai Bharwad, Rajkumar, Padmendrasinh Jaswantsinh Rajput observed that the approach of …

Even If There Is Reasonable Doubt Regarding Mental Condition of Accused, He/She Is Entitled To Benefit Under S.84 of IPC: Bombay HC
6 years, 8 months ago

Even If There Is Reasonable Doubt Regarding Mental Condition of Accused, He/She Is Entitled To Benefit Under S.84 of IPC: Bombay HC

Live Law  

The Bombay High Court has held that even if there is a reasonable doubt in the mind of the court regarding the mental condition of an accused at the time of the crime, then the said accused is entitled to benefit under Section 84 of the Indian Penal Code.A division bench of Justices BR Gavai and SV Kotwal acquitted 41-year-old …

Even If There Is Reasonable Doubt Regarding Mental Condition of Accused, He/She Is Entitled To Benefit Under S.84 of IPC: Bombay HC
6 years, 8 months ago

Even If There Is Reasonable Doubt Regarding Mental Condition of Accused, He/She Is Entitled To Benefit Under S.84 of IPC: Bombay HC

Live Law  

The Bombay High Court has held that even if there is a reasonable doubt in the mind of the court regarding the mental condition of an accused at the time of the crime, then the said accused is entitled to benefit under Section 84 of the Indian Penal Code.A division bench of Justices BR Gavai and SV Kotwal acquitted 41-year-old …

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]
7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law  

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal …

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]
7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law  

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal …

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]
7 years, 7 months ago

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

Live Law  

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is …

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]
7 years, 7 months ago

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

Live Law  

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]
8 years, 9 months ago

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]

Live Law  

The Supreme Court in Bhagwan Sahai vs. State of Rajasthan has restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled to get benefit of doubt.Setting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench comprising of Justices …

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]
8 years, 9 months ago

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]

Live Law  

Delhi High Court has held that even in the absence of medical evidence, an Accused is liable to be convicted for Rape if the evidence of the prosecutrix is reliable. It is also re-iterated that conviction can be based on the sole testimony of the prosecutrix without any corroboration.High Court has dismissed the Appeal filed by Raju Yadav against his …

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