Sec 84 IPC ('McNaughten Rules' in Indian form) requires that the accused be incapable of knowing 'the nature of the act' or that he is doing 'what is either wrong or contrary to law'. Which of the following BEST captures the difference from medical 'unsoundness of mind'?
ASection 84 covers any psychiatric diagnosis
BSection 84 requires LEGAL insanity, not merely medical insanity — the inability must be of a kind that destroys the cognitive faculty regarding nature/wrongness of the act AT THE TIME of the offence
CSection 84 applies to all persons treated by psychiatrists
DSection 84 covers temporary anger only
Answer & Solution
Correct answer: B. Section 84 requires LEGAL insanity, not merely medical insanity — the inability must be of a kind that destroys the cognitive faculty regarding nature/wrongness of the act AT THE TIME of the offence
Indian courts (e.g., Surendra Mishra 2014) consistently distinguish legal from medical insanity. A diagnosis does not automatically establish the s84 defence; the accused must show inability to know the nature or wrongness of the act at the time of the offence.
Related questions
Section 357A CrPC, inserted by the 2009 Amendment Act, provides for:Section 161 IPC criminalises the taking of:Section 320 CrPC deals with compounding of offences. Compoundable offences:Section 122 IEA enacts marital privilege. It provides that:Section 60 IEA enacts the rule that oral evidence must be DIRECT, namely:Section 173 CrPC requires the officer in charge of a police station, on completion of inveSection 156 CrPC empowers the officer in charge of a police station to investigate a cogniSection 268 IPC defines 'public nuisance' as an act which causes: