Brief Facts
- The appellant had attacked the deceased with iron plate resulting in his death. The Appellant pleaded insanity and the application under section 329 of CrPC was also filed. Doctors (A-1 and A-2) confirmed that the Appellant-accused was diagnosed with Schizophrenia (insanity), however, the Court of Session and High court rendered the conviction on merits as the plea of insanity was rejected. The mother of the Appellant was not examined and the brother of the grand-father of the Appellant did not find any abnormality in the Appellant. Even the doctor, who physically examined the Appellant after the incident stated that the accused was mentally well.
Issues
- Whether the accused is entitled to get the benefit u/s 84 I.P.C in the present case?
- Whether the fact of insanity of the accused needs to be proven beyond reasonable doubt?
- Whether the burden of proof lies on the accused to prove the insanity beyond reasonable doubt?
- Whether the procedure prescribed under Chapter XXV of the CrPC is substantive?
Held
- The Apex Court allowed the appeal and acquitted the Appellant by providing the benefit of insanity under section 84 of the IPC.
Applicability of section 84 of IPC - The provision speaks about the act of a person of unsound mind. It is a very broad provision relatable to the incapacity, as aforesaid. The test is from the point of view of a prudent man. Therefore, a mere medical insanity cannot be said to mean unsoundness of mind. There may be a case where a person suffering from medical insanity would have committed an act, however, the test is one of legal insanity to attract the mandate of Section 84 of the IPC. There must be an inability of a person in knowing the nature of the act or to understand it to be either wrong or contrary to the law.
- The aforesaid provision is founded on the maxim, actus non reum facit nisi mens sit rea, i.e., an act does not constitute guilt unless done with a guilty intention. It is a fundamental principle of criminal law that there has to be an element of mens rea in forming guilt with intention. A person of an unsound mind, who is incapable of knowing the consequence of an act, does not know that such an act is right or wrong. He may not even know that he has committed that act. When such is the position, he cannot be made to suffer punishment. This act cannot be termed as a mental rebellion constituting a deviant behaviour leading to a crime against society. He stands as a victim in need of help, and therefore, cannot be charged and tried for an offence. His position is that of a child not knowing either his action or the consequence of it.
Role of Court while considering the case under section 84 IPC - As Section 84 of the IPC has its laudable objective behind it, the prosecution and the Court have their distinct roles to play. The agency has to take up the investigation from the materials produced on behalf of the person claiming unsoundness. It has to satisfy itself that the case would not come within the purview of Section 84 of the IPC.
- The Court on its part has to satisfy itself as to whether the act was done by a person with an unsound mind within the rigour of Section 84 of the IPC.
- The burden of proof does lie on the accused to prove to the satisfaction of the Court that one is insane while doing the act prohibited by law. Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf. The extent of probability is one of preponderance. This is for the reason that a person of unsound mind is not expected to prove his insanity beyond a reasonable doubt. Secondly, it is the collective responsibility of the person concerned, the Court and the prosecution to decipher the proof qua insanity by not treating it as adversarial. Though a person is presumed to be sane, once there are adequate materials available before the Court, the presumption gets discharged.
Chapter XXV of CrPC is a substantive provision - Chapter XXV of the Code of Criminal Procedure 1973 (hereinafter ‘Cr.P.C.’), though procedural in nature, also becomes substantive when it deals with an accused person of unsound mind. A well-laid procedure is contemplated under Sections 328 to 339 of Cr.P.C. There is not even a need for an application under Section 329 of Cr.P.C. in finding out as to whether an accused would be sound enough to stand a trial, rather it is the mandatory duty of the Court. Under Section 330, the Court can even go to the extent of discharging such a person if his inability to stand trial continues with a rigid chance of improvement. As per Section 334 of Cr.P.C., the judgment of the Court shall include a specific finding that the act was committed due to unsoundness of mind, though it was actually done. The reason is simple as there cannot be an acquittal on the ground of unsoundness of mind unless the act is actually done.
- The whole idea under the provisions discussed is to facilitate a person of unsound mind to stand trial, not only because of his reasoning capacity, but also to treat him as the one who is having a disability. The role of the Court is to find the remedial measures and do complete justice.
- Having noted the scope and ambit of Chapter XXV of Cr.P.C., including the provisions incorporated by way of amendments in the year 2009, one has to take into account the fact that the Court has a larger role to play while considering the case under Section 84 of the IPC. If a friendly approach is required to be followed during the trial, when adequate powers have been conferred upon the Court to even discharge an accused on the ground of an unsound mind, the same reasoning will have to be applied with much force when it comes to Section 84 of the IPC.
Relevant Para No.
- 5, 6, 8, 10, 11 15, 16, 17