Rethinking Criminal Responsibility And Mental Illness In India: A Critical Analysis Of The BNS– BNSS Framework
- IJLLR Journal
- 1 hour ago
- 2 min read
Deepa Chauhan, LL.B. (Hons.), Amity University, Noida
ABSTRACT
The connection between the mentally ill and their criminal responsibility has proved to be one of the most intricate issues that criminal jurisprudence faces today. This research aims at critically analyzing India's legal system that addresses cases of mentally ill individuals who commit crimes in terms of recent developments in Bharatiya Nyaya Sanhita, 2023, and Bharatiya Nagarik Suraksha Sanhita, 2023. The author believes that even though there exists the recognition of the insanity defense, procedural protection for the accused with mental incapacity and the legal protection for those who have been found not guilty of the crime due to insanity, the current state of affairs requires certain changes.
The first important thing worth noting is that the use of the cognitive test according to Section 22 of the BNS leads to an "all-or-nothing" attitude towards criminal liability without regard to partial impairment cases. Besides, the procedural protections offered by the BNSS with regard to competency to stand trial, mental health evaluation, and detention of suspects are not effective because of the underdevelopment of forensic infrastructure and coordination between medical experts and the court.
Furthermore, it should be noted that custodial life of mentally ill offenders in Indian prisons needs to be analyzed, and the discrepancy between statutory protection and actual conditions in which offenders live, especially those who are under trials, should become the main focus of the discussion. Finally, with regard to the constitutional dimension, one should consider the problem from the perspective of dignified treatment of mentally ill offenders.
A comparative analysis with the UK and US legal system will allow finding alternative solutions such as diminished responsibility and other aspects of the concept of insanity.
Keywords: Mental Illness, Criminal Responsibility, Insanity Defence, Bharatiya Nyaya Sanhita, Trial Competence, Human Rights.
