Insanity defence

Rajaramana RV (Querist) 14 January 2014 This query is : Resolved
Dear Experts,
It is a section 326 case and the accussed has been proven suffering from mental disease by the government doctor. Now to finish the case, we are going to quash the case in High Court. Is there any section or related case which one can refer for quashing under insanity defence specifically. Kindly advise.

Follow Query

Report Abuse

ajay sethi (Expert) 14 January 2014
you can search in indian kanoon .com for judgements on the issue

Rajaramana RV (Querist) 14 January 2014
Dear Experts,
Is there any provision of law which says that if found mentally insane one can go for quashing of the case and that the mentally insane person gets set free. If found not guilty because of insanity, what happens to the accused then?

Devajyoti Barman (Expert) 14 January 2014
Repeated query..

Rajendra K Goyal (Expert) 14 January 2014
For repeated query, no advise.

Rajeev Kumar (Expert) 14 January 2014
Repeated query.

Sudhir Kumar, Advocate (Expert) 14 January 2014
already replied

http://www.lawyersclubindia.com/experts/Insanity-444431.asp#.UtVMqPuLQ48

this is not online LLB class.

Devajyoti Barman (Expert) 15 January 2014
no citation please....

Sudhir Kumar, Advocate (Expert) 15 January 2014
this defence is highly subjective. Mere mental illness is no automatic guarantee of criminal exemption.