Principle: Nothing is an offence if 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 what he is doing is wrong or contrary to law.
Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a 'Do not disturb' board out side his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exorcise the ghost, A grabbed the BP apparatus and hit the 'ghost' on the head several times. The nurse collapsed and died subsequently.

Principle: Nothing is an offence if 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 what he is doing is wrong or contrary to law.
Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a 'Do not disturb' board out side his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exorcise the ghost, A grabbed the BP apparatus and hit the 'ghost' on the head several times. The nurse collapsed and died subsequently. Correct Answer A is not liable for the murder of the nurse as he did not know what he was doing

Related Questions

Principle: Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law, provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Factual Situation: Ram, Shyam and Vipin were friends. Vipin was in love with Anita and wanted to marry her. One day she told him that her marriage was fixed with a rich NRI and that he should not disturb her again in future. Vipin, who became depressed, told this to his friends. Ram suggested that they should go to a nearby bar and drink some Beer so that Vipin could relax. As Vipin was not habituated to drinks, initially he declined but later at the bar Ram told Vipin to take a little Whisky, which he did hesitatingly, After a while Vipin became totally intoxicated and started to say that Anita ditched him. Shyam, who was also drunk then said. " If you are so worried, go and kill her". A little while later all three friends parted company. Vipin went straight to Anita's hostel, called her out and shot her.
Assertion (A): 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.
Reason (R): Mistake of fact is a good defence and Mistake of Law is no defence.