(https://allindianlegalupdates.blogspot.com/2021/04/x-insane-person-atempts-to-kill-y-y.html)
Issue:
Can X seeks the exemption from criminal liability? YES
Whether X is guilty of attempt to murder? NO
Rule:
An insane is entitled for the benefit under Section 84 of the Indian Penal Code, 1860, however, it must be proved that at the time of commission of the offence the accused was suffering from insanity.
Application:
This problem is related to the 'insanity is one of the general exceptions for the commission of offences'. A mad person is called insane. An insane or mentally unsound person is incapable of having his own will. Unsoundness of mind or insanity deals with incapacity of mind. Every type of insanity which is medically recognized is not protected. Insanity, which is recognized and tested by the doctors, is called 'medical insanity'. Insanity, which is recognized and tested by the judges, is called 'legal insanity'. Medical insanity and legal insanity are not the same.
Section 84 deals with insanity. The law of insanity was originated from a famous case called McNaughten case in England in 1843. Insanity must have the nature to destroy the faculty of mind and make the accused incapable of knowing the nature of the act. Insanity must make the accused incapable of knowing what he is doing is wrong or contrary to law as laid down in Dahyabhai Vs. State of Gujarat AIR 1964 SC 1563;
Shaik Ahmed Vs. State of Andhra Pradesh, 1966 Cri LJ 2582 (APDB). The protection also available even in cases of fits of insanity and lucid intervals. It must be proved that at the time of commission of the offence the accused was suffering from insanity as laid down in State of Orissa Vs. Bagh Syama, 1977 Cri LJ NOC 21 Ori (DB), Ramlal Vs. State of Rajasthan 1977 Cri LJ NOC 168 Raj. (DB).
Section 98 provides the right of private defense against the act of a person of unsound mind. e.g., A, an insane person attempts to kill B it is not an offence but B will have the same right of private defense against A as if he was sane.
Conclusion:
In the instant problem, X is entitled for the exemption from criminal liability because insanity is a defense in criminal law. Hence, X is not guilty of attempt to murder.