PRINCIPLE: 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 either wrong or contrary to law. EXPLANATION: A person is of unsound mind when he is (1) an idiot (2) one made non-compos by illness (3) a lunatic or a madman and (4) one who is drunk. FACTS: Sanjay and his sister Anju went together to a market, where Anju was molested by a certain Suresh. She went to the nearest police station to file a complaint and when she returned she found that her brother Sanjay had attacked Suresh and being a wood cutter, had beheaded him with an axe. He had tossed his head a few times in the air and then thrown it on the ground. Upon investigating into the nature of Sanjay, it was found that he was aggressive and lost control of his anger sometimes. He was sought to be punished. (a) Sanjay will be held liable since he has murdered Suresh and thus committed a crime. (b) Sanjay will not be held liable since he only sought to protect his sister and therefore attacked Suresh. (c) Sanjay will not be held liable since he was prone to losing his temper and he has acted in this manner as a result of this. (d) Sanjay will be held liable since he should have gained better control over his anger, and reacted in a more reasonable manner.
Posted on: Wed, 02 Oct 2013 07:30:00 +0000
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