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The Defence Of Insanity In Tort Law




Chinmayi Raddi, NMIMS Kirit P. Mehta School of Law

ABSTRACT

In this article, an effort is made to examine the insanity defence in tort law and the Indian Penal Code in criminal law. The term 'insanity' does not have a clear meaning, although it often refers to varied degrees of mental disease. In Section 84 of the IPC, 'unsoundness of mind' is determined and legislated as a legitimate defence against certain offences. However, the defence of insanity is not recognised under the civil law. Throughout the years, civil law has been strictly applied in order to restore monetary damage but this has disadvantaged those of unsound mind. Ignoring an insane person's right to a defence undermines the equity and justice of the law. In this article, the dichotomy surrounding the inclusion of an insanity provision is examined in length with reference to many cases and judgements.

Keywords: Insanity defence, Tort Law, Indian Penal Code, Equity, Dichotomy

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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