In an Indian criminal trial, the defence of unsoundness of mind is raised. Who bears the burden of proving this defence, and to what standard?
- A The prosecution, beyond reasonable doubt
- B The prosecution, on the preponderance of probabilities
- C The accused, on the preponderance of probabilities ✓
- D The accused, beyond reasonable doubt
Correct answer: C. The accused, on the preponderance of probabilities
Explanation
Insanity is an exception under the general exceptions chapter, so the burden rests on the accused. However, the standard is the civil standard, that is preponderance of probabilities, not proof beyond reasonable doubt. This kills option D, a classic trap: students assume all defences need criminal-standard proof, but Indian courts have consistently held that even a reasonable probability of insanity at the time of the act entitles the accused to benefit.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
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