Section 84 Plea in IPC: A Misconception
constitutional ailet advanced pyq_discussionOkay so AILET 2016 had this question - Examine the provision of Section 84 of IPC. Critically evaluate its implications on the criminal liability of a person. Discuss whether it is the most effective means of mitigating the rigors of the law.
I found this question a bit tricky because most students get carried away with the idea of the 'unsound mind' defence. But, let me tell you, it NEVER works in practice! The thing is, the judge has to find the accused to be of 'unsound mind' at the time of committing the offence - and the burden of proof is on the accused!
You can't just claim madness as a defence, you have to prove it beyond a reasonable doubt. And even then, the court has the discretion to reduce the sentence, not to acquit the accused.
Section 84 Plea ko bhi koi misconception hai na, but yeh kuch aur hai. Section 84 IPC kaha hai, yeh insanity plea hai jo mental se hatasvasth huye vyakti ko protection deta hai. Par yeh koi blanket excuse nahin hai, evidence aur facts ke sath hi milta hai, aur court ko yeh bhi decide karna hota hai ki kya vyakti insane tha ya nahin. Sabse important hai, yeh koi defence strategy nahin hai.