Concept And Legal Framework Of Insanity In Criminal Law
- IJLLR Journal
- 2 days ago
- 1 min read
Akansha Chaturvedi, LL.M. (Criminal Law), Amity University, Uttar Pradesh
Dr. Parishkar Shreshth, Asst. Prof., Amity University, Uttar Pradesh
ABSTRACT
The legal defence of insanity has been a significant aspect of criminal law, providing individuals who suffer from mental illness an opportunity to avoid liability for their actions due to a lack of understanding of the nature and consequences of their conduct. This research explores the concept of insanity as a private defence in criminal law, examining its historical evolution, the legal standards, and the challenges in its application across different jurisdictions. The paper delves into the criteria for establishing legal insanity, the role of mental health evaluations in criminal proceedings, and the implications of this defence on both the accused and society. Furthermore, it analyzes key case laws and statutes to highlight the practical application of the insanity defence in modern criminal justice systems. This study aims to balance the interests of justice, fairness, and public safety while addressing the ethical concerns surrounding the use of insanity as a defence in criminal cases. The research ultimately seeks to identify the limitations and potential reforms needed to improve the application of the insanity defence in criminal law.
