Dibyangana Nag, CMR University - School of Legal Studies
ABSTRACT
Serial killings are an interesting aspect of crimes which not always are caused by general offenders but at times by the psychopaths. Psychopaths can be regarded as an individual with any kind of mental illness which can be associated with their past trauma or background. Psychopaths don’t have any separate punishments or legal provisions, whereas, they are trialed as general offenders through which, it can be inferred that there is a legal lacuna existing in regards to the addressing of the psychopaths. The study will showcase the many inconsistencies in the defense of insanity in India and how it is a futile defense for the psychopaths in certain cases. The paper will give a comprehensive study on an unrevealed area in the Indian judicial system which revolves around psychopaths and their relationship with criminal activities. It will highlight the trend of serial killings in India and the judicial approach to such cases, along with a series of eminent incidents and cases revolving around serial killings. The research will also showcase the existing legal lacuna that the Indian legislation lacks in addressing the issue of crimes caused by the mentally-ill individuals and the appropriate punishments for the same. It will analyze the lacunae in the current laws of India between the state of insanity and the psychopathic behavior of any individual. Finally, the research will conclude by suggesting few measures or steps that can be implemented in the particular field of psychopaths with respect to the Indian criminal justice system.
Keywords: Defense, Insanity, Judicial, Psychopaths and Serial Killings.
