Trilok Gupta's Blog

  Insanity (Sec-84) Act of a person of unsound mind is given under Sec-84 as, “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 what he is doing is either wrong or contrary to law” The law of Insanity was introduced by a leading case of McNaughton. In R V Mc. Naughten Facts: Daniel Mc. Naughten the accused, murdered Mr. Drummond, the private secretary of Sir. Robert Peel, the Prime Minister of England, by confusion that Mr. Drummond was Sir. Robert Peel. He was tried for murder. On behalf of the accused, the defense counsel pleaded that, the accused due to the insanity, he was not able to know that he was violating the laws of God and man. It was established that the accused lost his power of control of mind, while committing the offence, a medical report was also produced to that effect. Judgment: The court acquitted Mc. Naughten on the grounds of Insanity. Mc. Naug...

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...