Insanity can't be excuse for crime: SC

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New Delhi: Every person who is "mentally diseased" cannot seek immunity from criminal proceedings on the basis of insanity, the Supreme Court has ruled.

The Indian Penal Code’s Section 84, which excuses people persons of unsound mind from criminal prosecution, is not available automatically and the burden of proving insanity lies with the accused, the court said in a recent judgment.

"Every person who is mentally diseased is not ipso facto exempted from criminal liability. A distinction is to be made between legal insanity and medical insanity," ruled Justice Arijit Pasayat and Justice D K Jain while upholding life imprisonment awarded to a man found guilty of murdering his wife.

Gajraj Singh beheaded his wife and then roamed around in Pratapgarh village with her skull and the sickle with which he had killed her.

A sessions court rejected his plea that he was mentally unsound and punished him with life imprisonment. After the High Court upheld the punishment, Singh’s lawyer approached the Supreme Court with the plea that his client had a family history of insanity.

Singh's grandfather and uncle were insane, but the court ruled that immunity under Section 84 is to be given "only after it is proved that at the time of committing the act, the accused was labouring under such a defect of reason from disease of the mind, so as not to know the nature and quality of the act he was doing. Or that even if he did not know, it was either wrong or contrary to law, then this section must be applied."

"It would be dangerous to admit the defence of insanity upon arguments derived merely from the character of the crime.

The Supreme Court said Singh’s insanity has been cured and he did not deserve leniency.