Insanity as a defence in IPC: A critical analysis

Authors – Vishnu Wardhan Singh & Khushi Doshi, Students of Kirit P. Mehta School of Law, Mumbai

BEST CITATION – Vishnu Wardhan Singh & Khushi Doshi, Insanity as a defence in IPC: A critical analysis, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 801-806, ISSN – 2583-2344.

ABSTRACT

Insanity when viewed from a legal perspective exempts the accused from any responsibility thus discharging him from any punishment which is to be disposed upon. Over a period of time various tests have been developed to determine whether a person suffers from legal insanity or not. Tests such wild beast test which was the first for the cause, decided this critical question, of whether the person in question has the mental capacity to differentiate between right or wrong. Over the period of time, more improved and efficient methods for testing the insanity of a person at the time of the crime were developed, through various legal provisions and precedents.

The author through this research article tries to conclusively summarise the evolution of insanity as a legal defense as well view it from an Indian law perspective. The Indian law does not necessarily use the word insanity but uses the word ‘unsound mind’ which at times can be used as its synonym. For the defense of insanity to be applicable the unsoundness of the mind should be there at the time of the person committing the crime. This is another place where uncertainty arises and the author tries to address the issue at hand.

Section 84 is often misused by the accused to escape criminal liability, thus creating further menace in society. The researcher tries to figure out whether the current law in question is serving any public good or if it has become a mere loophole in the current Indian justice system. Thus this research article deals with the evolution of insanity as a legal defense, the current judicial perspective, and various aspects of Section 84 of Indian Penal Law, 1860.

KEYWORDS: insanity, evolution, Indian law perspective, unsound, Section 84, loophole.