Insanity Defence In India: Legal Perspectives And Challenges

Sonu K Chacko, His Highness Maharajas Government Law College, Ernakulam, India.

INTRODUCTION

One of the fundamental premises of our criminal justice system is that it considers legal culpability to involve two essential elements: the physical act (actus reus) and the mental intent (mens rea). This means that for someone to face charges for a criminal offense, they must intentionally engage in a prohibited action of their own volition, fully aware of the criminal nature of that action. That is why the General exceptions in the Indian Penal Code (IPC) play a crucial role in ensuring a fair and just legal system. These exceptions provide individuals with a means to contest criminal charges by presenting valid justifications or explanations for their actions. General exceptions within the IPC are fundamental for maintaining a just and equitable criminal justice system. They uphold the principles of fairness, individual rights, and the avoidance of unjust punishments. By allowing individuals to present their side of the story and proving that their actions were justified or mitigated, these exceptions contribute to the overall integrity and effectiveness of the legal framework. While general exceptions in criminal law serve the important purpose of ensuring justice and protecting individuals from wrongful convictions, they can sometimes be exploited or used as loopholes by individuals who are attempting to evade criminal liability.

So, it is a genuine attempt to study how the defence of insanity can be used as blessing and a curse in in Indian judicial system.