Table of Contents
- 1 What Is Section 84
- 1.1 What Is Section 84 A, Modes Or Methods For Encryption
- 1.2 What Is Section 84 B, Punishment For Abetment Of Offenses
- 1.3 What Is Section 84 C, Punishment For Attempt To Commit Offenses
What Is Section 84
According to the section 84 “Nothing is an offense 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.”
What Is Section 84 A, Modes Or Methods For Encryption
“The Central Government may, for secure use of the electronic medium and for promotion of e-governance and e-commerce, prescribe the modes or methods for encryption”
What Is Section 84 B, Punishment For Abetment Of Offenses
“Whoever abets any offense shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offense under this Act.”Punishment for attempt to commit offences
Explanation Of Section 84 B
An act or offense is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Also read :- Section 65, Tampering with computer source Documents
What Is Section 84 C, Punishment For Attempt To Commit Offenses
“Whoever attempts to commit an offense punishable by this Act or causes such an offense to be committed, and in such an attempt does any act towards the commission of the offense.”
Punishment For Section 84
Section 84 C
Where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offense, for a term which may extend to one-half of the longest term of imprisonment provided for that offense, or with such fine as is provided for the offense, or with both.
Case Of Section 84
1. Devidas Loka Rathod v. State of Maharashtra
In this recent case, the Supreme Court discussed the law pertaining to plea of insanity under Section 84 of the Indian Penal Code. The Court in the case has also discussed some important judgments highlighting the law.
In this recent case the Appellant assailed his conviction under Section 302 and 324 of the Indian Penal Code (IPC), whereby the Trial Court rejected his defence that he was of unsound mind, citing insufficient evidence relying on the evidence of Dr. Sagar Srikant Chiddalwar, that the appellant was not mentally sick and fit to face trial.
In view of the facts and circumstances, the Two-Judge Bench of the Supreme Court stated that the Appellant was entitled to the benefit of the exception under section 84 of the Indian Penal Code because of the preponderance of his medical condition at the time of occurrence.
Section 84 of the IPC carves out an exception, that an act will not be an offence, if done by a person, who at the time of doing the same, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or what he is doing is either wrong or contrary to law.