Psyche Unveiled: Rethinking The Insanity Defence For Serial Enigmas In The Legal Labyrinth

Tarika Mittal, Symbiosis Law School, Pune

ABSTRACT

This research delves into the nexus of mental health, criminal law, and societal perceptions, particularly focusing on the legal defense of insanity for serial killers in the context of the Indian legal system. Despite the increasing global awareness of mental health issues, India's legal system still has untapped potential. “The Indian Penal Code, 1860, Section 84”1 (Now, Sec. 22, The Bhartiya Nyaya Sanhita, 2023)2, offers a defense based on "unsound mind," which states that an offense is not committed if the person was unable to understand the nature of the act or its wrongfulness due to unsoundness or insanity. However, a thorough understanding of the complex circumstances underlying such behavior is hampered by the restricted interpretation of this rule.

By considering psychological, sociological, and environmental aspects that affect one's mental state and contribute to significant crimes, the research aims to expand the definition of "insanity" beyond its legal limitations. Addressing the current gap in understanding the psychological and socio-environmental causes of serial killers' acts is a key problem. The goal of the research is to offer a fresh viewpoint on the defense of insanity for serial killers by examining the literature, individual instances, and insights from the Law Commission of India and medical authorities.

Keywords: Criminal, Impulse, Insanity, Law Commission, Legal, Medical, Mental disorder, Penal, Psychological, Reforms, Serial Killers, Socio- environmental, Urge.