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Person found guilty of murdering his father what is imprisonment


13-May-2023 (In Criminal Law)
Wht would be the possible jail term when a person is found guilty of murdering his father but is a case of mental instability wth no prior jail or police records or violence record?
Answers (2)

Answer #1
538 votes
Punishment may differ from case to case. The mental instability is one of the exception under the General Exception under Indian Penal Code. So, the probability of acquittal is there but the nature of mental instability will be taken into account while deciding the case. If a person had done the crime during the interval between his insanity when he knows the nature of his act, then his case is not of acquittal.
Answer #2
541 votes
Actus reus mensrea is the basic principle criminal law. ie to constitute an act couple with intension is needed . IF THE accused at the time commiting the offence is mentally ill then he can take that defence.

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