Accused cannot take defence of insanity in murder case citing Depression: Kerala High Court

The Kerala High Court ruled that an accused cannot claim the defense of insanity in a murder case by citing depression. The court held that depression does not qualify as legal insanity under Section 84 of the Indian Penal Code unless it significantly impairs the ability to distinguish right from wrong. The case involved a woman convicted of murdering her twelve-year-old nephew, who argued that she was suffering from depression at the time of the crime. The court found that the evidence did not support her claim of legal insanity and upheld her conviction. The decision emphasizes the need for clear evidence of significant mental impairment to establish a defense of insanity and highlights the distinction between mental illness and legal insanity in criminal cases.