https://www.taxtmi.com/caselaws?id=426066 Section 84 of the Indian Penal Code applies only where the accused proves legal insanity at the time of the offence and shows incapacity to know the nature of the act or that it was wrong or contrary to law. The burden lies on the accused under Section 105 of the Indian Evidence Act and must be discharged on a preponderance of probabilities. On the facts discussed, repeated assaults, conduct suggesting awareness, lack of reliable medical material for continuous unsoundness, and surrounding circumstances did not establish the plea. The conviction under Sections 302 and 307 was therefore upheld. en-us Wed, 20 Jul 2022 00:00:00 +0530 Mon, 08 Aug 2022 09:07:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=426066 Section 84 of the Indian Penal Code applies only where the accused proves legal insanity at the time of the offence and shows incapacity to know the nature of the act or that it was wrong or contrary to law. The burden lies on the accused under Section 105 of the Indian Evidence Act and must be discharged on a preponderance of probabilities. On the facts discussed, repeated assaults, conduct suggesting awareness, lack of reliable medical material for continuous unsoundness, and surrounding circumstances did not establish the plea. The conviction under Sections 302 and 307 was therefore upheld. Case-Laws Indian Laws Wed, 20 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=426066