Rajaramana RV (Employee) 22 May 2013

How to fight this unique case?

Dear friends, I am suffering from schizophrenia (mental illness) and had a fight with a friend and ended up hurting him by mistake. Police have registered 307 case. Should I now fight the case on the basis of insanity plea or how should I fight it. I have given the details of the case, now kindly advise how to help go about it. So all you experienced gentlemen can help.

Reply Follow

2 Replies

Adv Archana Deshmukh (Practicing Advocate) 22 May 2013

To take the defence of insanity the accused at the time of doing the act, by reason of, unsoundness of mind, should be incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. The insanity is ascertained with the conduct in the preceding and subsequent circumstances. What defence should be taken in such sensitive cases and whether the defence of insanity would be acceptable or not in the given circumstances should be left to the advocate who is actually handling the case and is conversant with all the facts and evidence and not in forum discussions which would be of little use to you. Bcoz there are many crucial things to be considered first before deciding upon a defence.