Supreme Court · 2011 INSC 17 · Decided 6 January 2011
Surendera Mishra v. State of Jharkhand
- Court
- Supreme Court of India
- Citation
- 2011 INSC 17 · [2011] 1 S.C.R. 133
- Case number
- CRIMINAL APPEAL No. 177/2006
- Decided
- 6 January 2011
- Bench
- H.S. BEDI, P. SATHASIVAM, C.K. PRASAD (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 84; Evidence Act Section 105; Arms Act Section 27
Headnote
A B i Penal Code, 1860: s. 84 - Applicability of - An act will · not be an offence, if done by a person who, at the time of doing C · the same by reason of unsoundness of mind, is incapable of ; knowing the nature of the act - Burden to prove unsoundness 1 of mind uls. 105 of to ascertain that, it is imperative to take into consideration the circumstances and the behaviour preceding, attending and D following the crime - Even if the accused estabJishes unsoundness of mind, s. 84 will not come to its rescue, in case it is found that the accused knew that what he was
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