Train shooting: RPF constable may escape punishment, his seniors could face prosecution, if proven 'mental'

economictimes.indiatimes.com:

RPF constable Chetan Singh could escape conviction, and instead, his superiors and colleagues could face prosecution for allowing Singh to carry arms even after knowing his mental condition. As per a ToI report, if the claim made by RPF constable Chetan Singh's family about his mental health issue and ongoing treatment for the last six months is true, it could be used as his defence during the trial.

Colleagues who were aware of his condition but allowed him to carry arms might also face prosecution, experts told ToI. Senior counsel Aabad Ponda told ToI that if the family's claim is proven in court during the trial that he was even momentarily insane at the time of the shooting, the constable could escape conviction and be protected under Section 84 of the Indian Penal Code.

Pranav Badheka, another counsel, emphasized the question of whether the constable's superiors were aware of his situation and to what extent they were informed. However, lawyers also cautioned that it is premature to determine the exact line of defence at this stage, and the burden lies on the prosecution to prove guilt beyond reasonable doubt.

The law provides protection to an accused if the act is committed by a person of «unsound mind,» but the accused must establish their defence of insanity. Section 84 of the IPC states that «nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law.» The 1964 Supreme Court ruling in D C Thakker vs State of Gujarat is a significant precedent on the 'insanity plea,' where the court upheld the High Court's judgment confirming Thakker's conviction for