Wasantha Chandra vs Attorney General – sllr 2012 volume 2 page 115

In Wasantha Chandra and others v. Attorney General, the court addressed whether an insanity plea, not raised at trial, could be entertained on appeal under Section 338 of the Criminal Procedure Code, the standard of proof required for such a plea, and the evaluation of evidence concerning the accused’s mental state at the time of the alleged murder. The holding established that, while appellate review of an insanity plea is permissible if supported by the record, the plea must still be proved on the balance of probabilities. Upon review of psychiatric and family testimony, the court found insufficient proof of insanity, reaffirming that clear evidence and a probable standard are required to disturb murder convictions, particularly where motive is established. The decision relied on key pre