Vidhi Raj, New Law College, Bharati Vidyapeeth (Deemed to be) University, Pune
ABSTRACT
Indian criminal law involves three essential subjects to be referred to understand any provision in whole they are 1. Indian Penal Code, 1860; to understand the ingredients which is essential to constitute the offence, 2. Code of Criminal Procedure, 1973; to understand the procedure which has been prescribed by the law governing authorities and 3. The Evidence Act, 1872; to know about the types of evidences which are admissible in a court of law and how many types of evidences are there.
Insanity in Indian law has been prescribed under section 84 of Indian Penal Code, 1860 and is based upon the doctrine of actus non facit reum nisi mens sit rea. Criminal law has two essential ingredients name mens rea and actus reus and section 84 directly attacks on one of the ingredient which is important to constitute an offence i.e., mens rea. While section 84 does provide protection to the persons who have committed the act under unsoundness of mind but over the period of time the section has become opaque.
This paper tries to indicate the lacunas that are present in the section which provides a way out to the accused to escape from the punishment and while at the same time those who are really in need of that protection finds it difficult to prove their insanity.
Keywords: Insanity, Unsoundness of mind, Cognitive faculties, Mens rea, Criminal law, Defence.
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