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Discussion

Read Assertion I and Reason II and with the help of codes given below point out the correct explanation. Assertion I : Moral derangement is a state of will and turns to be the vehicle of vicious actions. Reason II : Crime is committed under the influence of instructive and irresistible impulse.

Codes :

  • A.Moral insanity or imbecility are not exempted from criminal liability as per Section 53 of IPC.
  • B.Both I and II are correct statements to attract criminal liability as per Section 53 IPC as both are diabolical criminal conduct.
  • C.Only by II criminal responsibility can be fixed but not with the help of I.
  • D.McNaghten's Rule can be applied in I but not in II.

Answer: B

Moral insanity, a derangement of the will or moral sense with the intellect intact, and the plea of an uncontrollable or irresistible impulse are not recognised as defences in Indian criminal law. Section 84 IPC exempts only an act done by a person who, because of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong or contrary to law. A person acting from vicious or irresistible impulse therefore remains liable, so both the assertion and the reason point towards criminal liability. This matches the option that both statements attract criminal liability. The other options either wrongly treat the statements as not leading to liability or wrongly separate them.

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