Section 84 IPC - Mental Capacity Defence: A Tough Nut to Crack
criminal ailet advanced pyq_discussionThis question was from AILET 2020: "Akhil, a mentally unsound man, caused the death of his son in a fit of rage. His counsel pleaded under Section 84 IPC. Decide whether Akhil can be held criminally liable for the act."
Okay, let's think. Section 84 IPC comes into play when the accused is not aware of the nature of the act or not aware that the act was wrong. The court has to consider whether the accused has sufficient mental ability to form an intention. If they don't, they can't be held liable. But the key is to understand that mental capacity needs to be determined at the time of the act, not at the time of trial. So, the inquiry would be about whether Akhil was of unsound mind at the time of the killing, and was he incapable of knowing the nature and quality of his act?
"Section 84 IPC - Mental Capacity Defence ke baare mein bahut confused ho toh ye comment padhne ke baad aapko kuch insight ho sakta hai. Yeh section mein aaya hai ke yadi koi vyakti mental capacity mein patit ho aur yeh koi crime kar sakta ho tab bhi use ek special defence di jati hai.