(a)incapable of knowing the nature of the act;
Section history
Section 84 — Act of person of unsound mind
As in force on 28 July 2023.
Timeline 4 versions
- 30 March 1987 Enacted
- 1 January 2020 Act 15 of 2019
- 1 March 2022 Act 23 of 2021
- 28 July 2023 You are here
- 17 August 2026 Latest
(1)Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is —
(b)incapable of knowing that what he is doing is wrong; or
(c)completely deprived of any power to control his actions.
(2)Subsection (1)(b) applies only if the person is incapable of knowing that his act —
(a)is wrong by the ordinary standards of reasonable and honest persons; and
(b)is wrong as contrary to law.
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.