Section 84 IPC excludes criminal liability of a person of **unsound mi…

Question

Section 84 IPC excludes criminal liability of a person of **unsound mind**. According to Lesson 9, when is the defence available?

Accepted Answer

D. {'text': 'When at the time of doing the act, by reason of unsoundness of mind, the accused is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law', 'label': 'D'}

1. Section 84 IPC codifies the M'Naghten rule for unsoundness of mind.
2. Lesson 9 paraphrases the test: "Nothing done by any person of unsound mind is an offence if at the time of doing it, by reason of unsoundness of mind, [he] is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law."
3. The test is **time-of-act** and **cognitive** (not affective).
4. Lifetime labels, generic stress and prior psychiatric treatment do not by themselves satisfy section 84.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 9 (Indian Penal Code, 1860), pp. 205-224._

Answer

{'text': 'When the accused suffers any psychiatric label at any time during his life, regardless of the time of the act and regardless of his ability to know the nature of the act on the day of the offence', 'label': 'A'}

Answer

{'text': 'When the accused proves that he was treated by a psychiatrist within five years preceding the act, regardless of his ability to know the nature of the act on the day of the offence in question', 'label': 'B'}

Answer

{'text': 'When the accused merely shows signs of stress or anxiety at the time of being arrested by police, regardless of his ability to know the nature of the act on the day of the offence in question', 'label': 'C'}