Fact of the case :

In this case, the statement recorded under Section 313 CrPC (351- BNSS Power to examine the accused) shows that the accused was above 18 years around the time of the incident. In appeal before the High Court, the accused raised new arguments of juvenility and insanity. He claimed that he was merely 15 years at the time of occurrence and was undergoing treatment for a mental disorder at a government hospital. This was supported through a copy of an OPD card and the testimony of the appellant's mother who stated that he sometimes had to be kept chained at home to prevent harm to himself and others. The High Court, while dismissing the appeal, took notice of the Section 313 Cr.P.C. statement and concluded that he was major.

Held : The court also observed that the production of photocopy of an OPD card and statement of mother on affidavit have little evidentiary value. Dismissing his appeal, the bench directed the state to take the accused to custody.

“In order to successfully establish the defence of unsoundness of mind under Section 84 IPC (now section 22 of BNS), accused must show a preponderance of probabilities that he or she suffered from a serious enough mental disease which would affect an individual's ability to distinguish right and wrong. It must also be established that the accused was afflicted by such disability particularly at the time of commission of crime and that but for such impairment, crime would not have been committed”.