SECTION 84.2 Legal insanity vis-à-vis Medical Insanity- A distinction is to be made between legal insanity and medical insanity. A Court is always concerned with legal insanity, and not with medical insanity. What Sections 84, IPC, 1860 provides is defense of legal insanity as distinguished from medical insanity. A person is legally insane when he…
The term ‘jurisdiction’ is not defined in the Civil Procedure Code, 1908. The word is derived from the Latin terms ‘juris’ and ‘dicto’ which means “I speak by the law”. Jurisdiction is always granted by the Legislature but the power to determine the jurisdiction vests in the superior Courts. Two meanings of jurisdiction can be…
SECTION 84 of the Indian Penal Code – 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 what is wrong or contrary to law. COMMENT– To commit…
~“Prevention is better than cure” ~Whenever an incident/series of incidents ,affecting the continuing of routine lives, are observed the first thing that comes in our minds is whether there was an option to avail the opportunity of prevention or not? Whether there were means and measures that could’ve been adopted properly to avoid…
This series of Articles basically talks about Insanity under Section 84 of the Indian Penal Code, which talks about the unsoundness of mind where a person does an act which causes to the society and it tells us about the mental condition of the person where he acts in such a manner under such circumstances…
Laws are enacted to impose liability on individuals for the commission of acts/omissions. For the recognition of infringed responsibility towards a person specific (In personam) and at times (often in criminal justice system) towards public at par (in rem). The commission of any act when tend to overshadow the several rights individuals hold is when…
Preventive detention is the curtailing of a person or a group of persons from carrying out an act that they would do otherwise which would amount to a crime being committed. Preventive detention and its regulation is given in the constitution under Article 22. It states that an individual who is arrested and detained shall…
Hate the crime not the criminal ~ Mahatma Gandhi WHY THE CONCEPT OF PRISONS EXIST? Every individual in the society holds several rights within, which when infringed or tried to be non complied with by anybody, the person so acting is deprived of his claim of right with punishment, according to the category and degree…
We defended our allies in Europe for 40 years during the worst days of the Cold War – very threatening days of the Cold War – and nothing happened. So deterrence does work. -Zbigniew Brzeziński Punishment refers to some sort of agony or misfortune upon an individual for a wrongdoing. Discipline may take structures…
Majority of the people on earth live on land, while a few people spend some time at sea and an even fewer people are spending their time in space and space stations. Almost 71% of the earth is water. The people on land follow the specific country’s laws and regulations. This leads to the question…
