Acquittal due to 'Insanity': A Slippery Slope?
criminal clat_pg beginner trick_questionAbhikarsh A question from CLAT PG 2022: Consider the accused who committed murder under a delusional belief that a deity was commanding him to do so. If the defence of 'insanity' is accepted, can he be punished under the Indian Penal Code? Most students will answer in the affirmative citing section 84 IPC, which states that nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. But here's the trap - what if the 'unsoundness of mind' is a result of 'transitory mental disorder', which has been 'cured' before the trial? Will the accused still be acquitted?
2 Comments
Bhai, maine socha hai ye topic bahut interesting hai. Lekin, Insanity Defence ki baat karke, yeh ek slippery slope nahin hai. Yeh ek zaroori component hai apne justice system mein, kyunki hum kisi bhi ko innocent nahin maante jo ko apne mind mein pressure hai. Naa, iska matlab hai ki yeh defence kaafi limited hai aur hiyaa court ko iska use judh mein karne se pehle socha hota hai.
Doston, let's not be too hasty here. Insanity defence ke andar bahut kuch hai. It's not just about someone ko madhkar karna, but also about understanding their mental state at the time of crime. Kya maine galat kaha, if our legal system fails to address the complexities of mental health, to hell with the acquittal? It's a necessary evil, ya na?