Legal Question in Criminal Law in India

Can I get acquittal of IPC323 as I am mentally ill,suffering from Generalised Anxiety Disorder(GAD).The Doctor certifies me that because of GAD I get excited frequently.

Asked on 2/26/23, 7:24 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

Usually such cases land up in compromise and only in certain grave circumstances conviction could be ordered. However in the latter punishment which may be ordered could be just a monetary fine unless there is a huge financial loss caused to the victim or great prejudice caused to the State. You may not be convicted but you may have to suffer the financial loss caused to the victim or face civil penalties. GAD may come to your rescue in the criminal case but would not save you in any further compensation case against you incurring civil liability upon you. However if you are acquitted upon the basis of being a GAD patient, there is a possibility that you may be sent to a correctional facility for such time as the Court may deem fit in its wisdom.

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Answered on 2/27/23, 11:39 pm

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