Suffering From Frotteurism....

635 votes

Section 84 of the Indian Penal Code (IPC) provides for the defence of insanity. If a person, at the time of committing the offence, was of unsound mind and incapable of knowing the nature of the act or that it was wrong or contrary to the law, then such a person cannot be held criminally liable for the offence. In the case of an accused suffering from frotteurism, which is a sexual disorder that involves touching or rubbing against a non-consenting person for sexual arousal or gratification, the accused may argue that they were suffering from a mental illness at the time of committing the offence and, therefore, should not be held criminally responsible. However, the defence of insanity under Section 84 is not easy to establish. The burden of proof is on the accused to show that at the time of the offence, they were of unsound mind and incapable of knowing the nature of the act or that it was wrong or contrary to the law. The court will consider medical evidence and expert opinions to determine whether the accused was suffering from a mental illness that affected their ability to know the nature of their act. If the accused is able to establish that they were of unsound mind at the time of the offence and did not know the nature of their act, then they may be acquitted of the offence under Section 84 of the IPC. However, this will depend on the specific facts and circumstances of the case and the evidence presented before the court.

Advocate Rishi Sachdeva LawRato