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Unsoundness of Mind As General Defense Under Indian Penal Code


Section 84 of the Indian Penal Code: “Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.”

This is a general defense under Indian Penal Code on pretext that one, who is insane and has no mind, cannot have the necessary mens rea to commit a crime. Hence, unsoundness of mind is often termed as Insanity. In layman words, Insanity is mental abnormality.

Generally or medically, Insanity means a disorder of the mind which eradicates the reasoning capacity of a man, to such an extent as to render him incapable of understanding the nature and consequences of his acts.

But to avail the defense of insanity legally, the tests of insanity need to be passed.

Ø  Test of Insanity

From time to time many tests have been done for this purpose but the most acceptable of all time remains “Right & Wrong Test”, which was developed in M’Naghten’s case.

Ø  Essential Ingredients

                                i.            The accused was insane at the time of the offence committed.

                              ii.            The accused was incapable of knowing the nature of the act.

                            iii.            The accused by reason of unsoundness of mind from understanding that what he was doing was either wrong or contrary to law.

It is only when the above 4 tests or principles are applied in a particular case, the accused gets the benefit or defense of insanity under Section 84 of the Indian Penal Code.


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