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Research Paper Volume 6 Issue 5 677 - 686 September 17, 2023

Judicial Approach on Plea of Insanity in India

Lead author · Corresponding
Shanya Agarwal
Student at NMIMS, India
Co-author
Raveena Gurav
Student at NMIMS, India
Abstract

The idea of responsibility is connected to our deepest beliefs about human nature, dignity, and the feeling of guilt, innocence, blame, and punishment in daily life. In criminal cases, insanity defence is frequently employed. It is predicated on the idea that the defendant was suffering from a severe mental condition at the time of the crime and was unable to understand the nature of the offence and distinguish between right and wrong behaviour as a result, rendering them not legally responsible for the crime. The concept of insanity defence is one of law, not of medicine. This reflects that merely having a mental condition does not constitute as insanity. Like a civil case, the defendant must establish the defence of insanity by a "preponderance of the evidence". The fundamental rights guaranteed by the Indian Constitution and basic human rights are violated when someone who did not commit the act is punished. Invoking the idea of natural justice, it also invokes the due process of law if the defendant is unable to defend himself in court. Legal insanity is touch task to define, and it is even more tougher to adequately argue against it in court of law. The recent Supreme Court ruling on the insanity defence and the legal norms followed in Indian courts are the main topics of this essay. Researchers outline a methodology for assessing a defendant's mental status examination and briefly go over the legal requirements and processes for reviewing evaluations of the insanity defence. The "act of a person of unsound mind" and the insanity defence are covered under Section 84 of the Indian Penal Code (IPC) in that country. Professionals in the fields of medicine, psychology, and law are deeply divided over this issue.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 677 - 686
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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