Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC...

22 Jul 2018

Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC...

 

‘The accused has only to establish his defence on a preponderance of probability, after which the onus shall shift on the prosecution to establish the inapplicability of the exception.’

The Supreme Court in Devidas Loka Rathod v. State of Maharashtra has reiterated that the onus on the accused, who takes a plea of insanity, is not as stringent as on the prosecution to be established beyond all reasonable doubts but he has only to establish his defence on a preponderance of probability after which the onus shall shift on the prosecution to establish the inapplicability of the exception.

 
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