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    <title>2008 (10) TMI 706 - Supreme Court</title>
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    <description>Section 84 of the Indian Penal Code applies only where, at the time of the act, the accused was incapable of knowing the nature of the act or that it was wrong or contrary to law. The distinction between legal insanity and medical insanity is material, and the burden to establish the former rests on the accused under Section 105 of the Indian Evidence Act. On the facts, the accused&#039;s conduct and the medical evidence did not support the plea; doctors found no obvious psychiatric illness during the relevant period, and mere odd behaviour was insufficient. The plea of unsoundness of mind was therefore rejected and Section 84 was held inapplicable.</description>
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    <pubDate>Mon, 13 Oct 2008 00:00:00 +0530</pubDate>
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      <title>2008 (10) TMI 706 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=283381</link>
      <description>Section 84 of the Indian Penal Code applies only where, at the time of the act, the accused was incapable of knowing the nature of the act or that it was wrong or contrary to law. The distinction between legal insanity and medical insanity is material, and the burden to establish the former rests on the accused under Section 105 of the Indian Evidence Act. On the facts, the accused&#039;s conduct and the medical evidence did not support the plea; doctors found no obvious psychiatric illness during the relevant period, and mere odd behaviour was insufficient. The plea of unsoundness of mind was therefore rejected and Section 84 was held inapplicable.</description>
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      <pubDate>Mon, 13 Oct 2008 00:00:00 +0530</pubDate>
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