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Evaluate the defense of insanity under Indian criminal law.

Posted by jobseeker Krish Chandna | Approved
Answers (2)

Under Indian criminal law, the defense of insanity is codified in Section 84 of the Indian Penal Code. It states that an act done by a person who, at the time of doing it, is of unsound mind and incapable of knowing the nature of the act, or that it is wrong or contrary to law, is not an offense. This defense hinges on establishing legal insanity, which is different from medical insanity. The burden of proof lies with the accused, who must demonstrate on a balance of probabilities that they were incapable of understanding the nature of their act or that it was wrong or illegal at the time of the offense.

Answered by jobseeker Garima Rajput | Approved

Under Indian criminal law, the defense of insanity is provided under Section 84 of the Indian Penal Code (IPC), which is based on the **McNaghten Rule**. It states that an act is not an offence if the accused, due to unsoundness of mind at the time of the act, was incapable of knowing the nature of the act or that it was wrong or contrary to law. To successfully claim this defense, the accused must prove **legal insanity**, not just medical insanity, through credible evidence. Courts apply this defense strictly, and the burden of proof lies on the accused, making it a limited and rarely accepted defense.

Answered by jobseeker kashvi | Approved

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