Sanity Under Scrutiny: Reevaluating The Defence Of Insanity

Poulami Dutta Chowdhury, National Law University, Odisha

Navya Singh, National Law University, Odisha

ABSTRACT

This research paper provides a comprehensive investigation into the defense of insanity in the Indian criminal justice system, delving into its historical evolution, doctrinal foundations, practical application, and associated challenges. The defense of insanity serves as a crucial legal and societal determinant, absolving accused individuals of criminal responsibility due to mental impairment. Tracing its development from colonial-era jurisprudence to contemporary doctrines, the study contextualizes India's approach to mental incapacity as a factor in criminal culpability. The doctrinal basis is rigorously examined, focusing on the legal tests used by courts, including the "McNaughton Rule" and other indigenous principles that have shaped the defense's present form. However, the defense of insanity faces several challenges. These include the potential for defense abuse, perpetuating the stigmatization of mental illness, and complexities in determining an individual's mental capacity. Moreover, inconsistencies in the application of the defense across different jurisdictions in India add further complexity. In light of these challenges, the paper concludes with thoughtful reform recommendations based on comparative analyses and international best practices. It advocates for a balanced approach that respects both the rights of the accused and society's safety while fostering a nuanced understanding of mental health and criminal responsibility. By contributing to the legal scholarship on criminal law and mental health, this research aims to inform legal practitioners, policymakers, and scholars about the intricacies surrounding the defense of insanity in India. The findings enrich the discourse on mental health rights and criminal justice, urging for reforms that promote a fair, just, and empathetic treatment of individuals with mental impairments within the criminal justice system.