In Virus Sings vs. state of Punjab, the Apex court held that injury intended by accused and actually inflicted by him is sufficient in the ordinary course of nature to cause death or not must be determined in each case on the basis of the facts and the circumstances Santos Mane vs. State of Bombay The Additional Sessions Judge held that the plea of insanity was not established and convicted him for the offence punishable under section 300 by holding that the case squarely fell under the provisions of n 300 fourthly’ and awarded him death penalty and sentenced him to undergo rigorous imprisonment for other offences with which he was charged. Bombay HCI upheld the decision The test to invoke the defense Of ‘unsoundness Of mind’ has been explained in Alkalis v State where motive and the conduct of the accused prior to as well as at the time of the incident is considered to be material to determine the question of insanity. Laxly vs. State (AIR 1959 ALL 534)The Allahabad HCI observed that that it will be open to an accused in every case to plead that he had dreamt a dream enjoining him to do a criminal act, and believing that his dream was commanded by a higher authority,he was impelled to do the criminal act,and therefore,he would be protected by section 84.
Issue No 2:- To what extent the defense of the Asylum has validity section 84 under Section 84 of the PC says that nothing is an offence which is done by a person who, at the time of doing it by reason of unsoundness of mind is incapable of knowing the nature of the act or that he is doing is either wrong r contrary to law. Your honor, The fact is if someone commits a crime, they deserve the same punishment as anyone else, “sane or not”. If someone commits a crime such as Murder, they are dangerous, “sane or not” and cannot live among society Criminals are still criminals no matter what their mental state.Insane people should not have an “excuse” to not go to jail. They need to be in jail and be punished just as a normal person. Being released back out into the public is dangerous for the people around them.
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Your Honor There’s no difference to live next door to a “sane” person who gets pleasure room raping & murdering people or to an “insane” person who gets pleasure raping & murdering? If the law is really to protect the public it wouldn’t matter. How can anyone who commits any horrible act on another person actually not be “insane”, when you consider that it’s not “normal” to want to hurt other people in the first place. Your Honor , all of these arguments are supported by the following cases.