Team  SoOLEGAL

Burden of proof on accused to prove plea of insanity is one of preponderance of probability : Supreme Court

Team SoOLEGAL 6 Feb 2023 11:37am

Burden of proof on accused to prove plea of insanity is one of preponderance of probability : Supreme Court

New Delhi: Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for murder. The Court noted that the appellant was undergoing schizophrenia treatment at the time of the 2004 offence. There was evidence on record that he had received inpatient treatment for mental illness at a government medical college hospital before the incident. Two doctors had also testified about the appellant's illness before the Court. However, the Trial Court and the High Court ignored these factors.

In the judgment, the Court observed that the burden on the accused to prove his plea of insanity is one of the preponderance of probability. It was further noted that the burden of proof does lie on the accused to prove to the satisfaction of the court that one was insane while doing the act prohibited by law, but such a burden gets discharged based on the prima facie case and reasonable materials that are produced on his behalf. The degree of probability is one of the preponderances. This is because a person of unsound mind is not expected to demonstrate his sanity beyond a reasonable doubt. 

The bench of Justices B R Gavai and M M Sundresh ordered that "it is the collective responsibility of the person concerned, the Court, and the prosecution to decipher the proof qua insanity by not treating it as an adversarial matter."



Tagged: Supreme Court  
Did you find this write up useful? YES 0 NO 0
BRYAN  10 Mar 2023 6:54pm
i just want to say a big thanks to Dr Oniha for what he has done for me, i contacted him at the point of my needs and he came through for me, he said he was gonna help me and he did, i played lottery for 20 years and couldn’t win a dime, at a point i was disappointed and almost gave up, but then another thought came to my mind why don’t i try a lotto spell since i have already heard about people doing it, and then i decided that i will give it a try, but there was a lot of spell casters online this got me confused that i didn’t know which to pick, i decided to follow my instinct and i picked Dr Oniha i sent him an email and waited for couple of hours no reply, at this point i was already anxious and eager to get a reply from him and then i sent him a test on his WhatsApp and immediately he responded i told him what i wanted and he gave me assurance that i must win after his spell, i did what was asked of me, behold i hit the jackpot. i am so so happy to share this here because i have never seen a miracle like this before, thank you so much Dr Oniha you are a life saver. Anyone out there can also talk to him if you need his assistance too, that is why i'm testifying about his good work so people in need can reach out to him. Call/Whatsapp number: +16692213962 EMAIL: ONIHASPELLTEMPLE@GMAIL.COM Website: http://onihaspells.com https://www.facebook.com/Onihaspell?mibextid=ZbWKwL
Reply
LISA DONALDS  28 Feb 2023 7:39am
THE ONLY RELIABLE AND GUARANTEED RECOVERY EXPERT!!! I read so many stories about bitcoin loss to scams. I will like to start by saying the agencies responsible for bitcoin security has really done nothing to help locate stolen or lost coins. In my situation my MacBook was hacked by someone that had access to my emails, i immediately contacted blockchain and they only wasted my time, after which i worked towards getting help else where, i was referred to consult a bitcoin expert who helped track and retrieved my 3.3 btc, for an agreed fee. I was more than grateful and willing to pay more after the job was done. Thankful i didnt fall victim and would like to recommend ( MORRIS GRAY 830 @ G maiL . COM )
Reply
Wayn Scott   7 Feb 2023 6:02pm
Best Hackers Contact RecoveryMasters My wife thought I was a fool not to find out about her secret affairs with some random guys right under my nose just because she felt I was not in the country. Well thank you so much RecoveryMasters for helping me catch my cheating wife remotely without a single trace. you can reach out to them if you are in need of the service of a good hacker. Contact them on Email: (Recoverymasters@email.cz) whatsapp +1(551) 202-23-35
Reply
Wayn Scott   7 Feb 2023 5:57pm
Best Hackers Contact RecoveryMasters My wife thought I was a fool not to find out about her secret affairs with some random guys right under my nose just because she felt I was not in the country. Well thank you so much RecoveryMasters for helping me catch my cheating wife remotely without a single trace. you can reach out to them if you are in need of the service of a good hacker. Contact them on Email: (Recoverymasters@email.cz) whatsapp +1(551) 202-23-35
Reply
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com