Section 185Part 6 — Offences Against the Person
Persons suffering from diminished responsibility
←→ Navigate · Click subsection badges to collapse · Press ? for help
185. (1) Where a person kills or is a party to the killing of another, that person shall not be convicted of murder if that person is suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired that person’s mental responsibility for that person’s acts in doing or being a party to the killing.
On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder. Penal Code (2026 Revision) Section 186 c Revised as at 31st December, 2025 Page 79
A person who but for this section would be liable, whether as principal or accessory, to be convicted of murder shall be liable instead to be convicted of manslaughter.
The fact that one party to a killing is by virtue of this section not liable to be convicted of murder shall not affect the question whether the killing amounted to murder in the case of any other party thereto.
Defined Terms
diminished responsibility