The Supreme Court on Tuesday observed that 'depression' does not qualify as 'unsound mind' for the purpose of entitling one to the defence under Section 84, IPC.

31 oct 2020

The Supreme Court on Tuesday observed that 'depression' does not qualify as 'unsound mind' for the purpose of entitling one to the defence under Section 84, IPC.

The bench of Justices Rohinton Nariman, Navin Sinha and Krishna Murari was hearing an appeal against a 2018 order of dismissal passed by the Armed Forces Tribunal, Regional Bench, Lucknow.
"The question is whether depression can be regarded as unsoundness of mind", advanced the counsel for the appellant.
"Section 84 of the IPC is based on the McNaughton's Rule...smashing of head should seem like smashing a coconut! That is the level of insanity needed", observed Justice Nariman.
"You think that in an organisation like the Army, you can hit your senior officer with stones and get away with it?", demanded the judge.
"But I was suffering from depression. I was undergoing treatment for depression since 2006. That should be considered...", pressed the counsel.
"No! The order of dismissal is correct. People like you should not be in the army", remarked Justice Nariman.
"At least some retirement benefits may be granted?", prayed the advocate.
"We do not find any reason to interfere with the impugned order dated 19.01.2018 passed by the Armed Forces Tribunal, Regional Bench, Lucknow. Accordingly, the appeal is dismissed", the bench passed its order.
Click Here To Download Order.
"Section 84 of the IPC is based on the McNaughton's Rule...smashing of head should seem like smashing a coconut! That is the level of insanity needed", observed Justice Nariman.
"You think that in an organisation like the Army, you can hit your senior officer with stones and get away with it?", demanded the judge.
"But I was suffering from depression. I was undergoing treatment for depression since 2006. That should be considered...", pressed the counsel.
"No! The order of dismissal is correct. People like you should not be in the army", remarked Justice Nariman.
"At least some retirement benefits may be granted?", prayed the advocate.
"We do not find any reason to interfere with the impugned order dated 19.01.2018 passed by the Armed Forces Tribunal, Regional Bench, Lucknow. Accordingly, the appeal is dismissed", the bench passed its order.