The Limitations of Section 84 Plea: Analyzing the Case of Mithu v State of Punjab
constitutional clat_ug advanced judgment_takeOkay so let's talk about Section 84 of IPC, which deals with the act of a person of unsound mind. In Mithu v State of Punjab (1983) 2 SCC 277, the Supreme Court held that a person who is found to be insane cannot be executed, but they can be kept in a secure asylum. Now, the issue here is, when does a person really cease to be of unsound mind? Can they be rehabilitated? The court said no way, but I think this is where the problem lies. If someone is declared insane, we can't just lock them away forever without any hope of rehabilitation. This plea is rarely successful in practice, because who defines "unsound mind"?
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Bhai, I agree. Section 84 plea does not necessarily mean acquittal. In Mithu v State of Punjab (1983), SC upheld the death sentence despite the accused being a minor. Acquittal under section 84 is only when the accused is proven to be imbecile or lunatic. It's a tricky area, baap re.
Maine Mithu v State of Punjab ka case padha hai. Section 84 ka plea to aise hi nahin chalta hai jab victim ko koi mental disability nahi hai. Mithu ka case show karta hai ki SC ne court ko apne fayde ke liye is section ka misuse karne ka permission diya, jo aapko bhi laga sakta hai galat hai.