Unsound mind defence may save Santosh Mane: Lawyer

Although a driver who causes the death of a person due to rash and negligent driving faces maximum punishment of life imprisonment and/ or fine under section 304 (A) of the Indian Penal Code, 1960, Santosh Mane, who claimed 8 lives may be go scot free if he succeeds in proving that he had an unsound mind at the time of commission of the offence.

Senior lawyer, SK Jain, said such cases attract charges under section 304 (A). The quantum of punishment depends on circumstances like number of deaths and damage to property.

However, he added, if the accused claims he was suffering from unsound mind, the trial cannot commence until he recovers enough to understand what is going on. In such cases, he is sent to a mental hospital for treatment.

Even on conviction, such person is likely to be sent to a mental hospital for treatment, according to Jain.