of commission of offence?"
39. So far as our criminal law is concerned, the impact of mental illness on the
act (commission of offence) of an accused person and his/her ability to comprehend
the legal proceedings before the trial Court is dealt with by the P.P.C. and Cr.P.C.
There are certain Prison Rules as well which deal with the mental health of under
trial prisoners and convicts.
40. In a criminal trial, two situations may possibly arise in relation to mental
health of an accused: firstly, his/her state of mind at the time of commission of
offence; and secondly, his/her mental condition before the commencement or
during the course of trial. For the first situation i.e. mental condition at the time of
commission of offence, section 84 of P.P.C. is relevant. Whereas, for the second
situation i.e. mental condition of accused before the commencement or during trial,
Chapter XXXIV of Cr.P.C, particularly sections 464 and 465 are relevant.
41. Mental condition at the time of commission of offence is considered as an
exception (where act though committed yet not treated as offence) under section 84
of P.P.C. which is reproduced as under:"84. Act of a person of unsound mind. Nothing is an offence which is done by a
person who, at the time of doing it, by reason of unsoundness of mind, is
incapable of knowing the nature of the act, or that he is doing what is either
wrong or contrary to law. "
42. The scope of section 84, P.P.C. and the principles related thereto were
discussed in detail by this Court in the case of Khizar Hayat v. The State2. In this
case, the Court was seized with a criminal appeal filed by convict against his
conviction and sentence of death, with the plea that at the time of commission of
the offence, he was insane and suffering from schizophrenia and his case was fully
covered under section 84, P.P.C. This Court, while relying upon the interpretation
of section 84, P.P.C. in the case of The State v. Balahari Das Sutradhar3, rejected
the plea of the convict and, while maintaining his conviction and sentence of death,
observed that not every person who is mentally disturbed or is suffering from some
mental illness(es) is, ipso facto, exempted from criminal liability. Any person who
seeks the benefit of section 84, P.P.C. must prove that at the time of committing the
act, he was laboring under such defect of reason as not to know the nature and
consequences of the act he was doing. The Court endorsed the principle that every
man is presumed to be sane and assumed to possess a sufficient degree of reason to
be responsible for his acts unless the contrary is proved. We have carefully
examined the law laid down in Khizar Hayat supra as well as in Lal Khan v. The
Crown4 and Gholam Yousaf v. The Crown5 wherein the principles relating to a plea
under section 84, P.P.C. were dealt with in detail and it was unequivocally held by
the Lahore High Court that in relation to a plea of an accused under section 84,
P.P.C., the onus to prove the same is on the accused and the correctness or
otherwise of the plea shall be decided after looking at the entire material/evidence
available on the record.
43. Thus, within the contemplation of section 84, P.P.C., whenever the plea is
raised regarding the state of mind of accused at the time of commission of offence,
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