The Weekly Obiter

THE BURDEN OF PROOF WHILE TAKING THE PLEA OF INSANITY UNDER SECTION 84 OF IPC IS TO ONLY ESTABLISH DEFENCE OF PREPONDERANCE OF PROBABILITY: SC: JULY 02, 2018

July 17, 2018

The Hon’ble Supreme Court held, the onus on the accused under Section 105 of the Evidence Act to prove insanity is not as stringent as on the prosecution to be established beyond all reasonable doubts. The accused has only to establish his defence on a preponderance of probability.
Further, the Hon’ble Supreme Court placing reliance on Vijayee Singh Vs. State of UP. [(1990) 3 SCC 190], the court held that if from the materials placed on record, a reasonable doubt is created in the mind of the Court with regard to the mental condition of the accused at the time of occuerence, he shall be en-titled to the benefit of the reasonable doubt.
The Court then went on to examine the sufficiency of the medical and other evidence in detail before concluding that the appellant has been able to create sufficient doubt that he is entitled to the benefit of the exception under section 84 of the IPC because of the preponderance of his medical condition. 

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