Section 84 of IPC - The 'M'incapacitated Plea' - NEVER Works
evidence judiciary advanced judgment_takeArre, the Section 84 plea - it's such a favourite topic of mine. In this case of K. Mithu v The State of Punjab (1983 AIR 65) the SC made it amply clear that the accused can't plead 'unsound mind' just to wriggle out of murder charges! The key point is that you need a history of mental illness, yaani, a doctor's certificate, and even then, it's on a case-by-case basis. But here, Mithu had no prior history and the SC ruled that it was all part of her cunning plan to escape punishment. So, no escaping the law, folks! Always needs to be a solid proof of mental illness before this plea can work in our courts.
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