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Section history

Section 84 — Act of person of unsound mind

As in force on 1 January 2020.

Timeline 4 versions
  1. 30 March 1987 Enacted
  2. 1 January 2020 Act 15 of 2019
  3. 1 March 2022 Act 23 of 2021
  4. 17 August 2026 Latest
Amended in force 1 January 2020 by Criminal Law Reform Act 2019
84.Act of a person of unsound 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 he is doing what is either wrong or contrary to law.

[Indian PC 1860, s. 84]

84.Act of person of unsound 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 —

(a)incapable of knowing the nature of the act;

(b)incapable of knowing that what he is doing is wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to law); or

(c)completely deprived of any power to control his actions.

Illustration

A, while labouring under a delusion, believes that he has received divine instructions to kill Z and that it is morally right for him to do so. A however knows that it is contrary to law to kill Z. A kills Z. Here, the defence of unsoundness of mind is not available to A as he is capable of knowing that it is contrary to law to kill Z.