Thursday, February 2, 2023

"Burden of Proof does lie on Accused to Prove to Satisfaction of Court that one is Insane", "Extent of Probability is One of Preponderance" : Supreme Court

There are many cases which are related to criminal law.


In an interesting proposition propounded at page 5 of Prakash Nayi @ Sen v State of Goa [2023] GCtR 303 (SC), it was stated thus :-

"Burden of proof does lie on the accused to prove to the satisfaction of the Court that one is insane".

"The extent of probability is one of preponderance."


 Written by

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.

No comments:

Post a Comment

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026 S.9 of Arbitration and Concil...