Section 84: The Insanity Defence - A Myth in Indian Criminal Justice
criminal mh_cet_law beginner discussionHey guys, you know what's the most fascinating topic in Criminal Law? The Sec 84 plea! Alright, so here's the question - can a person who was suffering from a severe mental illness at the time of committing a crime be held liable for it? I'm saying a BIG no to it! In Ritesh Soni vs State of Rajasthan (2011), the SC said that if a person is suffering from a mental disorder but still has a rational understanding of their actions, they can be held liable. We just need to look at the case of Bhagat Singh, who was a habitual offender despite having a mental condition. If we start leniently towards mentally unstable people, where will it end? Can a person who commits a crime because of sleepwalking be held not liable? Come on guys, share your thoughts!
Main toh aapki baat se nahi khushiya. Insanity Defence to zyada saaf nahin hai. Yeh puri kathinai ko solve karta hai, par yeh koi bhi case ko decide karne ke liye ek aisa alat nahin hai jo sab se upyukt ho. Kuch baar aisi cases aati hain jahaan accused ko mental condition ki wajah se hamesha kaafi pressure hota hai, ismein Section 84 ka kaam aata hai.