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Criminal Liability and Disability

 

What kind of accusations/charges is accepted by the Court?

All Charges to be Substantiated

  • Biren Chawra vs. State of Assam
  • Kamalesh Kumar Tewari vs. State of Andhra Pradesh
  • Vishnu Govarya Yadhav vs. the State of Maharashtra

Certain Behaviors are a Function of Mental Disorder

  • The State vs. Chhotelal Gangadin
  • Shrikant Anandrao Bhosale vs. State of Maharashtra

Disability is not an Exemption from Criminal Liability

  • Mohamad Furkhan Mohammed Bashir Joza vs. The State of Maharashtra
  • In re Peethambaran

Defence Pleas to be Consistent

  • Parmanada Mallick vs. The State

Defense Pleas to be Well Founded

  • State of Kerala vs. Madhavan Pillai

Special Circumstances where the Criminal Proceedings are Dropped

  • Charanjit Singh and Ors vs. State

What is essential during the trial?

Person must be able to Comprehend the proceedings

  • Chandregowda vs. State by Hoskote Police
  • Bibhuti Mahato vs. State of West Bengal
  • The State vs. Kampu Shetty

Under what circumstances is the defense of mental disorder accepted?

Degree of Mental Illness

  • Ramdulare Ramathin Sunar vs. The State
  • The State vs. Gourishankar Kawadu Shende
  • Bharat Kumar vs. State of Rajasthan
  • Rustam Ali vs. State

Lack of Motive in Crimes

  • State vs. Durgacharan Barik
  • T.N. Lakshmaiah vs. State of Karnataka
  • Mst. Shanti Devi vs. The State
  • In Re Subramaniam alias Allabaksh
  • Kannakunnummal Ahmed Koya vs. the State of Kerala
  • Thangadurai Nadar vs. State represented by the Inspector of Police Tenkasi
  • Sannatamma vs. State of Karnataka

Isolated Acts of Extreme Violence

  • Atrup vs. State of Rajasthan
  • Nivrutti Dhondiba Shinde vs. State of Maharashtra

Instances when defense is:

Accepted

  • Etwa Oraon vs. The State
  • Bolabhai Hirabhai vs. State of Gujarat
  • Vidya Devi vs. State of Rajasthan
  • Nitai Naik vs. The State
  • Kanbi Kurji Durba vs. The State
  • Kamla Singh vs. The State
  • Thangadurai Nadar vs. the State represented by the Inspector of Police Tenkasi
  • Supdt. and Remembrancer of Legal Affairs, Government of West Bengal vs. Fatik Naskar
Rejected
  • Albert Collins vs. State by Inspector of Police
  • Parmanada Patra vs. State
  • Amruta Gunda Shinde vs. State of Maharashtra
  • Barelal vs. State
  • Sarka Gundusa vs. State
  • Genda Oaron vs. State of Bihar
  • In re: Rajagopala Aiyangar
  • In re: Govindaswami Padayachi
  • Pulu Mura vs. State of Assam
  • Chellan vs. State
  • Ram Singh vs. State of Chattisgarh
  • Dhaneswar Pardhani vs. The State of Assam
  • Rajendra vs. State of Rajasthan
  • Shaik Ahmed vs. The State of Andhra Pradesh
  • Anand Narayan Mallav vs. The State of Maharashtra
  • Gujraj vs. The State
  • Lakshmi vs. The State
  • In re Manickam
  • In re Kulandi Thevar
  • Velusamy vs. the State of Tamil Nadu
  • State of Maharashtra vs. Gourishankar Kawadu Shende

What can happen after the trial?

If Mental Illness is Accepted, Custody can be given to Another

  • Balu Ganpath Koshire vs. State of Maharashtra
  • Vishwanatha vs. State of Karnataka

Safe Custody when Mental Illness Proved

  • Motiram Maroti Dhule vs. State of Maharashtra
  • Janak Raj vs. State of Rajasthan
  • Sau. Saraswati Mahadeo Jadyal vs. the State of Maharshtra
  • Unniri Kannan vs. State of Kerala
  • Prakash vs. State of Maharashtra
  • The State of Maharastra vs. Subhashsing

When can bail be granted on medical grounds?

Evidence of an Expert Necessary

  • G S Dhillon vs. State (NCT of Delhi)

How are the disabled protected under law?

Crime against Disabled Persons

  • Mange vs. State of Haryana
  • Tulshidas Kanolkar vs. State of Goa

What happens when the judgment is not based on satisfactory evidence?

Fresh trial in Special Circumstances

  • State of Manipur vs. Saikhom Ramo Singh
  • State of Karnataka vs. Doragal Kanakappa

Procedure of Law to be Followed

  • State of Maharastra vs. Subhashsing
  • Ansar Ahmad through Zaki Ahmad vs. State

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