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Research Paper Volume 8 Issue 2 4599 - 4614 April 25, 2025

Mental Health and Criminal Justice in India: Bridging the Gap Between Law and Care

Lead author · Corresponding
Umang Sharma
Student at Amity Law School Lucknow, India
Co-author
Abhishek Mishra
Assistant Professor at Amity Law School Lucknow, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119627
Abstract

In India many mental health patients receive law enforcement punishment instead of treatment in the criminal justice system. This study examines how existing legal and administrative problems increase the exclusion of mentally ill persons from Indian criminal justice processes. Our research examines why Indian laws and policies do not support the mental health requirements of accused people and imprisoned individuals while suggesting necessary improvements. This research aims to assess how well the Mental Healthcare Act of 2017 and the Indian Penal Code and Code of Criminal Procedure help people with mental health issues plus suggests major changes. Our research shows that even though new rules exist mental health support in detention facilities remains broken because different agencies do not work well together. Plus prisons lack enough mental health experts and courts do not pay enough attention to mental health problems in their sentencing decisions. The study identifies major problems in current law enforcement and healthcare services because mental health evaluations are optional during criminal proceedings and almost no individuals are transferred to healthcare facilities. Law enforcement and judiciary staff should learn mental health basics while courts that focus on mental health need support and prisons and forensic mental health facilities require better setup. Our study supports the idea of running human services rather than jail programs to help offenders and make the justice system follow India's legal requirements and global rights protections.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4599 - 4614
DOI: https://doij.org/10.10000/IJLMH.119627
Creative Commons
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
Disclaimer
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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