SC:Refusal to participate in TIP without reason establishes guilty conscience

The Hon’ble Supreme Court, on 19th August 2020, in the matter of Mohd. Anwar v. The State (N.C.T. of Delhi) observed that refusal to participate in the TIP proceedings and the lack of any reasons on the spot, undoubtedly establish  guilty conscience and ought to be given substantial weight.

The Hon’ble Supreme Court observed that:

The refusal to participate in the TIP proceedings and the lack of any reasons on the spot, undoubtedly establish  guilty conscience and ought to be given substantial weight. (Para 13)

Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself. Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence’s case. (Para 14)

Mere production of photocopy of an OPD card and statement of mother on affidavit have little, if any, evidentiary value. In order to successfully claim defence of mental unsoundness under Section 84 of IPC, the accused must show by preponderance of probabilities that he/she suffered from a serious-enough mental disease or infirmity which would affect the individual’s ability to distinguish right from wrong. (Para 17)

Copy of judgement: Judgement_19-Aug-2020

-Adv. Tushar Kaushik

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