Medical vs legal insanity

[Tofan vs state of MP 2022]

Any person, who is suffering from any kind of *mental weakness* is called "medical insanity," however "legal insanity" means, person suffering from mental illness should also have a loss of reasoning power. Furthermore, the legal insanity *must be at the time of incident.* In other words, it can be said that in order to attract legal insanity, a person should be *incapable of knowing the nature of the act, or he is doing what is either wrong or either contrary to law.*

Thus, mere abnormality of mind or compulsive behavior is not sufficient to take benefit of Section 84 of IPC rather reasoning, ability to forsee the consequences and nature of act which is contrary to law.

@CurrentLegalGK

#Question

Difference between inherent powers of High court and, review by High Court in criminal cases?

Read 482 and 362 of CRPC and explain within 100 words.

#Question

Difference between Self Preservation v Private defence v Necessity under IPC.
(150 words)

Comment👇

🧠🤯📝 MENTALLY ILL PERSON CAN/CANNOT ENTER INTO SALE DEED

Requirement for transfer of property is majority + soundness of mind then how people suffering from coma, autism, cerebral palsy can transfer their Property???

✅Sale under Mental Health Act,1987

✓Object: Provide Better treatment &
Provisions for property.
✓Mental ill person: Person who is in need of treatment due to any mental disorder other than "mental retardation" (which is covered under a separate statute).

✓Appointment of Guardian and Manager.
~ Possession of property is must.
~ District Court appointing
1) A Guardian under Section 53 to take care of his person; and
2) A Manager under Section 54 for the management of his property.
(Both can be the same person)

~ Manager could mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person OR lease out any such property for a period exceeding five years, only after obtaining permission of the District Court in that behalf.

~ Signature in deed by manager.
~ Entering into Contract.
~ Could be sued for mismanagement of sums received from property.

✓But ==> new act repealed 1987 Act

~ 2017 Act, has no provision or an alternate mechanism for adjudication of matters pertaining to property of Mentally ill person.

✅The Rights of Persons with Disabilities Act, (“RPwD Act, 2016)

✓Person with Disability:- Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

✓Limited Guardianship” means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (Appointed by Designated authority or District court)

• No provision of sale, gift, lease etc
• No absolute power by guardian (limited)

✅Guardian Under National Trust Act,1999

No concept of manager, only guardian appointed by local committee, which frame some duties like management of property or furnish accounts of immovabale property

✓Sale or dealing with property of person with disability, falls outside the purview of the said Act.

✅Recent Trends and case laws

Till date there is no law relating to appointment of guardian of a person who is in coma or a vegetative state.

✓Doctrine of Parens Patriae

"State to provide a parent who can take decision on behalf of such needy person, in case of no law court act as state under article 12"

👨‍⚖️Rita Arvind Kakodkar v Maharashtra, 2022, appointed a sister of a widowed brother as his guardian at law and of his property and assets, following guidelines:-

1. Sale with court permission
2. Money to be deposited in brothers bank account.

So there is no proper law which sets out procedure for sale of property of mentally ill person, and relatives of person has to suffer.

✅Suggestions

We need a uniform mechanism under one statue, setting out unequivocal process of sale of immovable properties of all persons incapable of taking legal decisions, through manager/guardian, be it mentally ill persons, people in comatose state or otherwise.

Also read- G. Babu v. The District Collector and Ors. 2023

#Discernible_Topics
@CurrentLegalGK

Explain K.M. Nanavati v. State of Maharashtra, 1962

Exception 1 of section 300 ipc, murder.

#Grave_and_sudden_provocation
#Jury_trial
#CurrentLegalGK

Difference between Section 5 vs section 6 of Specific relief act, 1963

Section 5- recovery of possession of specific immovable property.

Section 6- suit by a person disposessed from property.

✅Example of Trespasser

A person peacefully residing in a house, he is not the owner, another person come and dispossessed him forcibly then he can go under section 5 as well 6 (better title) but where owner dispossessed him then he can go under section 6 only (no question of title) however the owner can establish his title and get possession under section 5 but owner cannot use force.

Although the rule of equity and maxim of he who seeks equity must come with clean hands will always apply the point is the U/S 6 juridical previous possession is the point.

Purpose of section 6 - to restrain a person from using force 

☑️[Sanwal ram v ramjan, 2016]

Possession of tenant is a juridical possession until owner gets eviction decree.

#SRA
@CurrentLegalGK

IRFAN @ NAKA versus THE STATE OF UTTAR PRADESH, 2023

✓ Parameters for determining the weight of Dying declaration.


✅Whether the person making the statement was in expectation of death?

✅Whether the dying declaration was made at the earliest opportunity? “Rule of First Opportunity”

✅Whether there is any reasonable suspicion to believe the dying declaration was put in the mouth of the dying person?

✅Whether the dying declaration was a product of prompting, tutoring or leading at the instance of police or any interested party?

✅Whether the statement was not recorded properly?

✅Whether, the dying declarant had opportunity to clearly observe the incident?

✅Whether, the dying declaration has been consistent throughout?

✅Whether, the dying declaration in itself is a manifestation / fiction of the dying person’s imagination of what he thinks transpired?

✅Whether, the dying declaration was itself voluntary?

✅In case of multiple dying declarations, whether, the first one inspires truth and consistent with the other dying declaration?

✅Whether, as per the injuries, it would have been impossible for the deceased to make a dying declaration?

~ Section 32(1) of Indian Evidence act

@CurrentLegalGK

Exceptions of Hearsay Rule.

Res gestae, dying declaration, public documents etc...

@CurrentLegalGK

Kya aapka data leak hua hai?

Waise to subka hua hai lekin kya hua hai ye janiye 👆

Just search using these websites.

#cyber_crime
#data_breach

@CurrentLegalGK

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
https://www.livelaw.in/top-stories/supreme-court-judgment-plea-of-alibi-and-delay-in-fir-registration-240182

🤔2 special Law; which one will prevail ❓

The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.

😎 [Somashekhar And State by Rural Police Station, 2023]

Note: The court noted that when two statutes contain non-obstante clauses, the later enactment is presumed to prevail, as the legislature is assumed to be aware of the previous enactment and chose to give overriding effect to the later one.

However, the court clarified that for this principle to apply, the offenses punishable under the later enactment (in this case, the POCSO Act) should be prima facie established.

😎 [Dinanath manik katkar vs state of Maharastra 2023]

@CurrentLegalGK