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Discussion

Read Assertion I and Reason II and with the help of codes given below find out the correct explanation. Assertion I : Disorder of mind which impairs the mental faculties is known as unsoundness of mind as such it acts as defence to a criminal charge. Reason II : Insanity is the mental abnormality and when it impairs the cognitive faculty and if an act results during that period criminal liability could be exempted.

Codes :

  • A.By I there is transgression of harmful acts while II refers to established rules of society for which no prosecution stands.
  • B.Both I and II are correct explanations as per Section 84 of IPC.
  • C.II is more precise while I is only a supportive factor.
  • D.The true test of I and II is to apply Mc Naghten's Rule.

Answer: B

Section 84 IPC provides the defence of unsoundness of mind: 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 it is wrong or contrary to law. Both statements describe this: a disorder of mind impairing the mental faculties, and insanity impairing the cognitive faculty so that criminal liability is exempted. Both agree with section 84 and are explanations of it. The test applied by Indian courts is the cognitive test derived from the M'Naghten Rules, which is why the options that treat one statement as only supporting the other, or as speaking about different rules, are incorrect.

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