INSANITY

Question 1

r v daniel McNaughton

Answer 1

• Facts: Accused suffered from a delusion that Sir Robert Peel, the then PM of Britain had injured him; accused mistook Edward Drummond, Secretary to the PM, to be the PM and shot him dead; took plea of insanity as he was under a morbid delusion out of his power of his own control
• Held: Acquitted. Gave McNaghten Rules (read from notes)

Answer 2

Facts: MH suffering from acute schizophrenia. Thought his wife was having intimate relations with his father. He saw his father walking to the wife’s room one time, went and stabbed him in the back. He went to the station to give himself up
- Held: While committing the act, he should not know that his act was wrong or contrary to law. Two parts: 1. Whether he was conscious of his actions. 2. Conduct before and after the act. Therefore, was held liable because he gave himself up.

Question 3

Nivrutti Shinde v. State of Maharashtra
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Answer 3

• Facts: Man had dream that his 2-month-old baby was a devil, killed him.
• Held: Not held guilty, as accused did not think what he had done was wrong or contrary to law and was to be held in protective custody until it is safe enough to release him

Answer 4

Facts: the accused was a schizophrenic who was treated and cured. He stabbed one-and-a-half-year-old child who died and injured other two. A plea of insanity was raised as a defence. But, the court took into consideration his subsequent behaviour, as he hid the knife, locked himself in the house to prevent arrest and attempted to run away from the back door. He also tried to dispense the crowd by throwing brickbats from the roof.
- Held: consequent behaviour of showing consciousness of his guilt, and could not, subsequently claim the defence of insanity.

Question 5

list out cases related to insanity

Answer 5

1. r v daniel mcnaughtan
2. nivrutti v state of mh
3. mohd hussein v state
4. jai lal v delhi admn