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An offender claiming exemption of criminal liability under Section 84 of Indian Penal Code must be incapable of knowing

  • A.the nature of the act
  • B.the act was contrary to law
  • C.the act was wrong
  • D.All of the above

Answer: D

Section 84 of the Indian Penal Code protects an act of a person of unsound mind who, at the time of the act, is incapable of knowing the nature of the act, or that it is wrong, or that it is contrary to law. All three forms of incapacity count, so option D, all of the above, is correct. It is the cognitive incapacity at the time of the act, not mere eccentricity, that gives the defence. The Section also requires that the unsoundness of mind existed at the time of the act, which is a question of fact, and the accused must show it by evidence, though the burden is lighter than the prosecution's.

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