Indian Penal Code (IPC 1860)

198. Point out incorrect response. The M’ Neghten Rules relating to the defence of insanity provide :

A. If the accused was conscious that the act was one which he ought not too do and five that act was at the same time contrary to the law of the land, he is punishable.
B. That every man is presumed to be same and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to the satisfaction of the jury or the Court.
C. It must be shown that at the time of committing the act, the accused was laboring under such a defect of reason from desease of mind as not to know the nature and quality of the act he was doing, or if he did not know it that he did not know that what he was doing was wrong.
D. Where the criminal act is done under insane delusion as to the surrounding facts which conceal from him the true nature of the act he is doing he would not be under the same degree of responsibility as he would have been on the facts as he imagined them to be.
✅ The correct answer is option D.

199. Give correct response. Section 83 of the Indian Penal Code deals with the defence of infancy. It provides that :

A. A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not
B. A child who is above 7 but below 12 years of age is deemed to be doli incapax, therefore, he would be liable if it be proved that he was doli capax.
C. Section 83 is based on the principle of presumption of innocence of the accused unless the prosecution proves otherwise.
D. In order to avail the defence under section 83 it must be shown that the child was above 7 but below 12 years of age and if that much is proved the burden shall then lie upon the prosecution to prove that he was capable of knowing the nature and quality of his act.
✅ The correct answer is option A.
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