Supreme Court Defines Who's An " IDIOT "

By -

---

" EVERYONE AT ONE POINT or OTHER, is an "IDIOT"
[ Could be for short duration & may not prolong ].

'Idiot' is a grossly misused word and an oversimplified epithet, if one goes by the Supreme Court's brand new definition of the term. It is almost impossible for a person to qualify as an idiot, says the Court and therefore, few can expect to get a reprieve for an offence.

To be legally accepted as an 'idiot', one has to be so dumb as to be unable to count till 20, list the days of the week, or fail to remember the names of one's parents, the Court said on Friday.

Under Section 84 of the Indian Penal Code, a person is not liable to be prosecuted if they are of unsound mind, or incapable of comprehending the nature of the criminal act and the fact that it is against the law.

The Supreme Court identified just four kinds of people who could be classified mentally unsound — idiots, the very ill, lunatics and drunks.

"An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity, without lucid intervals: and those are said to be idiots who cannot count 20, or tell the days of the week or who do not know their fathers or mothers or the like," said the judgement by Justices Arijit Pasayat and M K Sharma. They added that it was for the accused to prove they were idiots or otherwise of unsound mind.

The court was dealing with a case from Madhya Pradesh where Hari Singh Gond murdered his grandfather-in-law and then claimed innocence on the grounds of idiocy. The Bench affirmed the lower court orders convicting Gond for the murder.

If the investigating agency came across a history of insanity, it was duty-bound to subject the accused to a medical examination, the judges said. If a medical examination is not done "the benefit of doubt has to be given to the accused", the judges said.

The MP trial court had refused to accept the accused was mentally unsound even though eyewitnesses reported he behaved in an unusual fashion at the time. Friday's judgement differentiated between a defendant of unsound mind and mere absence of motive. "Mere absence of motive for a crime cannot, in the absence of plea and proof of legal insanity, bring the case within Section 84," it said.

"Mere abnormality of mind or partial delusion, irresistible impulse or compulsive behaviour of a psychopath affords no protection under Section 84," the SC added, affirming the earlier court orders convicting Gond for the murder.

Popular posts from this blog

Kayastha

By -
Image
.                                       Chitragupt Maharaj                           Progenitor of the Kayasthas                        Left: Devi Sudakhina and four Sons, Right: Devi Iravati & Eight Sons   Kāyastha   or   Kayasth   ( Hindi :   कायस्थ ) is a   caste /ethnic-group of India. They are the only sect who are referred to as direct descendants of a Vedic God in the religious texts and the only ancestor worshipping sect of Hinduism also called Chitranshi/Devputra [1] . They are said, in the Vedas   and   Puranas , to have a dual-caste status i.e.   Brahmin   and   Kshatriya . They are mainly spread across   North India   and are a sub-sect of Brahmins   whose ancient profession was writing   [2]   [3]   [4]   [5] The Sanskrit dictionary at   Hindunet.org   defines Kayastha as follows: ka_yastha, ka_yata   a man belonging to the writer-caste; a tribe of bra_hman.as whose employment is writing (Ka.)(Ka.lex.) . BRAHMINS   by vedah.net   is an arctic
Read more

All About GOA

By -
= = = = = = = http://www.bits-goa.ac.in/About%20BPGC/BITS%20360/index.html Goa is India 's smallest state in terms of area and the fourth smallest in terms of population . Located on the west coast of India in the region known as the Konkan , it is bounded by the state of Maharashtra to the north, and by Karnataka to the east and south, while the Arabian Sea forms its western coast. Panaji is the state's capital. Vasco da Gama is the largest city. The historic city of Margao still exhibits the influence of Portuguese culture. The Portuguese first landed in Goa as merchants, in the early 16th century, and conquered it soon thereafter. The Portuguese overseas territory existed for about 450 years, until it was annexed by India in 1961. Renowned for its beaches , places of worship and world heritage architecture , Goa is visited by large numbers of international and domestic tourists each year. It also has rich flora and fauna , owing to its location on the West
Read more

Steam Engineering.

By -
Image
. http://www.spiraxsarco.com/resources/steam-engineering-tutorials.asp   These tutorials explain the principles of steam engineering and heat transfer. They also provide a comprehensive engineering best practice guide covering all aspects of steam and condensate systems; from the boiler house and steam distribution system up to the point of use; through the condensate recovery system and returning to the boiler. Virtually all major applications and products are discussed. 1.        Introduction 2.        Steam Engineering Principles and Heat Transfer 3.        The Boiler House 4.        Flowmetering 5.        Basic Control Theory 6.        Control Hardware: Electric/Pneumatic Actuation 7.        Control Hardware: Self-acting Actuation 8.        Control Applications 9.        Safety Valves 10.     Steam Distribution 11.     Steam Traps and Steam Trapping 12.     Pipeline Ancillaries 13.     Condensate Removal 14.     Condensate Recovery 15.     Desu
Read more