Kshitij Nair, Jindal Global Law School, OP Jindal Global University
ABSTRACT
This research paper discusses insanity as a valid defence to any crime committed, under S.84 of the Indian Penal Code (hereafter, IPC). Insanity, or unsoundness of mind as per IPC, is a state of mind where a person is incapable of making rational judgements like any other prudent person. Due to this reason, insanity at the time of committing a crime, along with other considerations, is considered an acceptable ground for acquittal. This research paper discusses the history of this defence, along with the necessary requirements for the defence to be successful. The legal and moral reasons for this defence, and loopholes in the current rules and application of the defence have been discussed. Certain changes in the written law and the norms of the judiciary regarding the insanity defence have been recommended. To conclude, the legal provisions of India have been compared to other countries, especially common law systems, to show how the defence can be made more inclusive and efficient.
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