Supreme Court of India
Surendera Mishra v. State of Jharkhand
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the appellant though suffered from certain mental instability even before and after the incident but from that one cannot infer on a balance of preponderance of probabilities that the appellant at the time of the commission 0 of the offence did not know the nature of his act; that it was either wrong or contrary to law.
Judgment, page 13
From the headnote
i Penal Code, 1860: s. 84 - Applicability of - An act will · not be an offence, if done by a person who, at the time of doing · the same by reason of unsoundness of mind, is incapable of ; knowing the nature of the act - Burden to prove unsoundness 1 of mind uls. 105 of Evidence Act is on the accused - In order to ascertain that, it is imperative to take into consideration the circumstances and the behaviour preceding, attending and following the crime - Even if the accused estabJishes unsoundness of mind, s. 84 will not come to its rescue, in case it is found that the accused knew that what
Authorities it was built on
Where later benches applied it
- 2023 Prakash Nayi @ Sen v. State of Goa
- 2023 Rupesh Manger (thapa) v. State of Sikkim
- 2018 Devidas Loka Rathod v. State of Maharashtra
- 2011 State of U.P. v. Preetam & Ors.
Of those, 1 relied on · 2 referred to · 1 mentioned
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