....) In dealing with cases involving a defence of insanity, distinction must be made between cases, in which insanity is more or less proved and the question is only as to the degree of irresponsibility..., and cases, in which insanity is sought to be proved in respect of a person, who for all intents and purposes, appears sane. In all cases, where previous insanity is proved or admitted, certain...his elbow?” It is to be remembered that these tests are good for cases in which previous insanity is more or less established.’These tests are not always reliable...

.... (See Dahyabhai Chhaganbhai Thakkar v. State of Gujarat AIR 1964 SC 1563). In dealing with cases involving a defence of insanity, distinction must...be made between cases, in which insanity is more or less proved and the question is only as to the degree of irresponsibility, and cases, in which insanity is sought to be proved in respect of a...person, who for all intents and purposes, appears sane. In all cases, where previous insanity is proved or admitted, certain considerations have to be borne in mind. Mayne summarises them as follows...

...Dahyabhai Chhaganbhai Thakkar v. State of Gujarat AIR 1964 SC 1563.) In dealing with cases involving a defence of insanity, distinction must be made...between cases, in which insanity is more or less proved and the question is only as to the degree of irresponsibility, and cases, in which insanity is sought to be proved in respect of a person, who for...all intents and purposes, appears sane. In all cases, where previous insanity is proved or admitted, certain considerations have to be borne in mind. Mayne summarises them as follows...

...trifling circumstance, particularly, where his mind suffers from some sort of temporary abnormality, (of course, not amounting to insanity). Cases frequently occur where in a momentary fit of passion...

...High Court, it would be convenient to notice the relevant aspects of the law of the plea of insanity. At the outset let us consider the material provisions without reference to decided cases. The said...Subba Rao, J.— This appeal raises the question of the defence of insanity for an offence under Section 302 of the Indian Penal Code.2. The...committed the murder of his wife he was not capable to knowing the nature of the act and that what he was doing was either wrong or contrary to law. Having rejected his plea of insanity, the learned...

...insanity induced by any other cause. But in cases falling short of insanity evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime..., That rule of law is well settled: 1.That insanity, whether produced by drunkenness or otherwise, is a defence to the crime charged; 364 2...which was elaborately considered by the High Court runs in these terms: "In cases where an act done is not an offence unless done with a particular knowledge or intent, a...

...some sort of temporary abnormality, of course, not amounting to insanity. Cases frequently occur where in a momentary fit of passion, a person whose mind is so constituted as to be...greatly stressed by the learned Counsel Mr. Mohan Kumaramangalam in criminal cases, the presence or absence of motive is canvassed to explain what sometimes looks apparently unaccountable. The...

...insanity and also the cases affected by any natural cause of disease etc. After excluding such persons and cases, Section 124-A can be read thus:“124-A. When in the course of working a...default of paying the compensation due within one month the Commissioner shall direct the employer to pay not only interest but in appropriate cases a penalty ranging up to 50% of the amount payable. The...-Judge Bench decision of this Court in Pratap Narain Singh Deo (1976) 1 SCC 289. Nonetheless, in appropriate cases the principle of taking...

...the law of England, limits non-liability only to those cases in which insanity affects the cognitive faculties; because it is thought that those are the cases to which the exemption rightly applies..., and the cases, in which insanity affects only the emotions and the will, subjecting the offender to, impulses, whilst it' leaves the cognitive faculties unimpaired, have been left outside the exception...to take of the matter, or whether the exemption ought to be extended as well to the cases in which insanity affects the emotions and will as to those in which it affects the cognitive faculties, is a...

...a complete defence to criminal liability in offences involving mens rea. It is also accepted that insanity in medical terms is distinguishable from legal insanity. In most cases, in India, the defence.... However, the factum of death of the appellant's wife by the injuries noticed in the post-mortem report (Ext. P-5) is not disputed. The appellant had taken the defence of insanity based on Section 84...IPC. He had examined four witnesses in support of his defence. Now, the appellant had claimed the defence of insanity at the time of murder; no such plea was taken at the time of the trial...

...Dahyabhai v. State of Gujarat A.I.R 1964 S.C 1563). In dealing with cases involving a defence of insanity, distinction must be...made between cases, in which insanity is more or less proved and the question is only as to the degree of irresponsibility, and cases, in which insanity is sought to be proved in respect of a person..., who for all intents and purposes, appears sane. In all cases, where previous insanity is proved or admitted, certain considerations have to be borne in mind. Mayne summarises them as follows...

...accepted that insanity in medical terms is distinguishable from legal insanity. In most cases, in India, the defence of insanity seems to be pleaded where the offender is said to be suffering from the...over a land dispute by the appellant-accused, claiming the plea of insanity under Section 84 of the Penal Code, 1860 (in short “IPC”). Parvathi alias Kili (the deceased), her husband Parasivam...8-8-2001. In his evidence, DW 1 has stated that the accused was suffering from paranoid schizophrenia. The other material relied on in support of the plea of insanity is Ext. D-2, the termination...

...insanity, but a total lack of an apparent motive may in some cases taken along with other facts legitimately give rise to an inference that the act was done under an insane impulse. The..., Hidayatullah J. drew a distinction between cases in which insanity is more or less proved and the question is only as to the degree of insanity and cases in which insanity is sought to be proved in...respect of a person who for all intents and purposes appears sane. In all cases where previous insanity is proved or admitted certain considerations have to be borne in mind, and the learned Judge again...

...to an inference of intellectual aberration or insanity, but a total lack of an apparent motive may in some cases taken along with other facts legitimately give rise to an inference that the act was...Hidayalullah, J. drew a distinction between cases in which insanity is more or less proved and the question is only as to the degree of insanity and cases in which insanity is sought to be proved in respect of...a person who for all intents and purposes appears sane, in all cases where previous insanity is proved or admitted certain considerations have, to be borne in mind, and the learned judge again...

...party. He quoted an extract from that report to the following effect:‘In dealing with cases involving a defence of this kind distinction must be made between cases in which insanity...is more or less proved and the question is only as to the degree or irresponsibility and cases in which insanity is sought to be proved in respect of a person who for all intents and purposes appears...sane. In all cases where previous insanity is proved or admitted certain considerations have to be borne in mind. Mayne summarises them as follows:“Whether there was deliberation and...

...and that his crime was due to his insanity, the Rules have often been so construed or so avoided as to dispose satisfactorily of the cases which come before the courts.27. Whatever...normally devoted,” and they added that in practice in such cases the accused was found to be guilty but insane; Report of the committee on insanity and crime (C and 2005). The Government did not...applied to all crimes, although of course it was usually pleaded only in murder cases. The mental abnormality contemplated by Sec. 2 appears to cover kinds of insanity ??? by the Mc-Naghten Rules and to...

...dealing with cases involving a defence of insanity, a distinction must be made between cases in which insanity is more or less proved and the question is only as to the degree of irresponsibility, and cases...in which insanity is sought to be proved in respect of a person, who for all intents and purposes, appears sane. In all cases where previous insanity is proved or admitted, the questions whether...presence of delusions, has also been deposed by DW1. 14. As already noticed, the settled position is that while dealing with cases involving a defence of insanity, a...

...incapacity for work and virtually no enjoyment of life e.g paralysis, severe brain injury causing insanity, multiple injuries leaving the victim a total cripple. The ‘partial wreck’ cases are also cases.... Sub-section (6) of Section 158 reads thus:“158. Production of certain certificates, licence and permit in certain cases.—***(6) As soon as any...enhanced compensation should not be granted. In such cases, there is no question of introducing a new or inconsistent cause of action. Cause of action and evidence remain the same. Only question is...

...consciousness, in relation to himself. It is an admirable summary of the tests to be applied in cases of insanity. In connection with cases of homicide the special relevance of these two tests are...Judges in Mc'Naughten's case (1843) 10 Clause & Fin 200. In cases involving a question of insanity an expert in mental diseases is generally examined as a witness. Since this...distinction must be made between cases in which insanity is more or less proved and the question is only as to the degree of irresponsibility and cases in which insanity is sought to be proved in respect of...