Legally Insane: Rethinking India’s Insanity Defence through U.S. Experience

This paper explores the insanity defense in criminal law, focusing on India and the United States. In India, the defense under Section 84 of the Indian Penal Code (IPC) and now the Section 22 of the Bharatiya Nyay Sanhita (BNS) follows the M’Naghten Rule, which is limited to cognitive incapacity and fails to address the complexities of mental illness. In contrast, the United States incorporates both cognitive and volitional elements of mental disorders through the Model Penal Code, offering a more nuanced approach. The paper argues that India’s reliance on the outdated M’Naghten Rule should be reformed to align with contemporary psychiatric insights. A hypothetical case of Atul, diagnosed with paranoid schizophrenia, illustrates the shortcomings of the current framework.