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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

A is tried for the murder of B. A pleads that at the time of the act he was, because of unsoundness of mind, incapable of knowing its nature. Which statement best reflects the Adhiniyam?

It is a fact in issue. A fact in issue is one from which the existence or non-existence of an asserted or denied right, liability or disability necessarily follows, and the illustration to the definition lists unsoundness of mind at the time of the act among the facts in issue in a murder trial.

  1. AThis is not a fact in issue because it is a mental condition, not a fact
  2. BIt is a fact in issue, since the existence of a liability asserted or denied necessarily follows from itCorrect
  3. CIt is only a relevant fact and never a fact in issue
  4. DIt is conclusive proof of A's innocence once pleaded

Explanation

Fact includes any mental condition of which a person is conscious. The illustration to the definition of facts in issue lists A's incapacity by reason of unsoundness of mind as a fact in issue in a murder trial. Hence option A is wrong, and nothing makes the plea conclusive proof.

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