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march 1964

Supreme Court of India · 1964-03-19

DAHYABHAI CHHAGANBHAI THAKKER vs STATE OF GUJARAT

Citation / case number
SC 1962/93
Court
Supreme Court of India
Petitioner
DAHYABHAI CHHAGANBHAI THAKKER
Respondent
STATE OF GUJARAT
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the prosecution bears the general burden of proving guilt beyond reasonable doubt, while the accused has a special burden to establish a defense of insanity under Section 84 IPC. The court clarified that the accused may rebut the presumption of sanity with evidence, but the burden is not higher than in civil cases. If the evidence raises reasonable doubt regarding mens rea, the accused may be acquitted. The court also ruled on the admissibility of questions during witness examination under Section 154 of the Evidence Act.

DAHYABHAI CHHAGANBHAI THAKKER vs STATE OF GUJARAT · Niyam