• Kumari Chandra V. State of Rajasthan: Using PMS as a Defense For Legal Insanity

    Sakshi Tripathi, National Law University, Jodhpur
    IJLLR Indian Journal of Law and Legal Research (see profile)
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    The principle of section 84 of Indian Penal Code constitutes that without a doubt, a person can plead this defence to negate the prosecution's corroborations by proving that the accused had been incapable of knowing the nature of the act at the time or that what he/she was doing was either wrong or against the law at the time of commission of the crime. However, in the case of Kumari Chandra v. State of Rajasthan; the Court went beyond the scope of insanity to decide whether Premenstrual stress syndrome [PMS] can come under section 84. PMS is a type of disorder which can have two types of symptoms which are; bodily and physiological. These include that the woman can become violent and have irresistible impulses. However, there are numerous case laws which suggest that these elements are not enough to attract the provisions of Section 84. This judgment suffers from various flaws in the way it was interpretated. The court in the way of excessive reliance on the various medical literatures had archived the corroborative evidences and various other factors which could have establish the motive and culpability of the accused. This case is considered as a progressive case for women; however, the faulty line of interpretation can render it to wide-misuse; thus setting a dangerous precedent. In this case note, I will discuss the various legal points which were ignored by the Court by the help of previous judgments.
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    2 years ago


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