<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2011 (1) TMI 1586 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=310535</link>
    <description>Section 84 IPC applies only when, at the time of the act, unsoundness of mind made the accused incapable of knowing the nature of the act or that it was wrong or contrary to law. The burden to prove this exception lies on the accused under Section 105 of the Evidence Act on a preponderance of probabilities, and the focus is on legal insanity, not merely medical evidence of mental disorder. Here, prior prescriptions showed some instability but were too remote to establish incapacity at the relevant time, and the accused&#039;s post-occurrence conduct, including flight, concealment of the weapon, and threatening a witness, showed awareness of wrongdoing. The plea failed.</description>
    <language>en-us</language>
    <pubDate>Thu, 06 Jan 2011 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 30 Oct 2023 15:12:32 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=730738" rel="self" type="application/rss+xml"/>
    <item>
      <title>2011 (1) TMI 1586 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=310535</link>
      <description>Section 84 IPC applies only when, at the time of the act, unsoundness of mind made the accused incapable of knowing the nature of the act or that it was wrong or contrary to law. The burden to prove this exception lies on the accused under Section 105 of the Evidence Act on a preponderance of probabilities, and the focus is on legal insanity, not merely medical evidence of mental disorder. Here, prior prescriptions showed some instability but were too remote to establish incapacity at the relevant time, and the accused&#039;s post-occurrence conduct, including flight, concealment of the weapon, and threatening a witness, showed awareness of wrongdoing. The plea failed.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 06 Jan 2011 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=310535</guid>
    </item>
  </channel>
</rss>