Sec 105 Evidence Act – S 84 IPC – Mental Incapacity – Burden Of Proof

Prem Singh vs State of NCT of Delhi

2023 CiteCase 2 | Supreme Court

CrA 1 OF 2023 | 2 Jan 2023 |

Dinesh Maheshwari and Sudhanshu Dhulia , JJ.

The burden of proving the existence of circumstances so as to bring the case within the purview of Section 84 IPC lies on the accused in terms of Section 105 of the Evidence Act; and where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence, as duly exemplified by illustration (a) to the said Section 105 of the Evidence Act – The mandate of law is that the Court shall presume absence of the circumstances so as to take the case within any of the General Exceptions in IPC. (Para 21)

Citation : 2023 LiveLaw (SC) 2

Judgment link : SCI , IndianKanoon