DETAILED ANALYSIS OF SECTION 84 OF INDIAN PENAL CODE, 1860
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Abstract
The criminal law has been of a dynamic nature since its inception in India. This dynamic nature has encouraged the authors to write a descriptive paper considering all the important aspects over the law of unsoundness of mind under the Indian criminal law. This paper traces the origin of section 84 of IPC which is based upon the McNaughton rule under the English law. Further this paper deals with the sub topics namely legal and medical insanity in connection with each other and also this paper tries to deal with various tests to determine insanity of an individual.
Further the authors have contributed with regard to the suggestive measures to improves the loopholes in the existing law, in the form of conclusion. Even if there is no requirement of change according to the law commission but still it is a well acknowledged fact that as we live in an ever-changing society there is always a room for improvement in the existing laws.
Using the qualitative method of research, the authors has tried their level best to deal with the holistic concept of insanity in the light of judicial pronouncements and the 42nd report of the law commission of India. The authors are eventually hopeful that this paper benefits the readers to the maximum limit possible.
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