§ 84 — Act of person of unsound mind

84.—(1) Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is —(a)

incapable of knowing the nature of the act;

(b)

incapable of knowing that what he is doing is wrong; or[Act 23 of 2021 wef 01/03/2022]

(c)

completely deprived of any power to control his actions.[Act 23 of 2021 wef 01/03/2022]

(2) Subsection (1)(b) applies only if the person is incapable of knowing that his act —(a)

is wrong by the ordinary standards of reasonable and honest persons; and

(b)

is wrong as contrary to law.Illustration

A, while labouring under a delusion, believes that he has received divine instructions to kill Z and that it is morally right for him to do so. A however knows that it is contrary to law to kill Z. A kills Z. Here, the defence of unsoundness of mind is not available to A as he is capable of knowing that it is contrary to law to kill Z.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]

—(1) Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is —(a)

incapable of knowing the nature of the act;

(b)

incapable of knowing that what he is doing is wrong; or[Act 23 of 2021 wef 01/03/2022]

(c)

completely deprived of any power to control his actions.[Act 23 of 2021 wef 01/03/2022]

(2) Subsection (1)(b) applies only if the person is incapable of knowing that his act —(a)

is wrong by the ordinary standards of reasonable and honest persons; and

(b)

is wrong as contrary to law.Illustration

A, while labouring under a delusion, believes that he has received divine instructions to kill Z and that it is morally right for him to do so. A however knows that it is contrary to law to kill Z. A kills Z. Here, the defence of unsoundness of mind is not available to A as he is capable of knowing that it is contrary to law to kill Z.

[15/2019]

[Act 23 of 2021 wef 01/03/2022]