Insanity as a Defence under IPC 1

This series of Articles basically talks about Insanity under Section 84 of the Indian Penal Code, which talks about the unsoundness of mind where a person does an act which causes to the society and it tells us about the mental condition of the person where he acts in such a manner under such circumstances where his mental condition is deteriorated and he is unable to think like a normal human being. Further, the offence committed by such an insane person causes great harm to the society both in the terms of property as well as loss of the lives.

Further, the society which we live in is quite competitive society where mental stress and depression is quite common because people want to remain at the top and because of that people are getting mentally ill, distressed and hence committing the offence which creates nuisance in the society and ill-treatment towards other people. The actual meaning of Insanity is mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct his/her affairs due to psychosis, or is subject to uncontrollable impulsive behavior.

Insanity is a concept discussed in Court to help distinguish guilt from innocence. We will be studying in depth about the topic and we will know about the actual meaning of insanity because insanity is something which has engulfed the country into its darkness and people are being afraid to speak up openly about their mental illness hence committing heinous crimes and disturbing the peace and brotherhood of the society.INTRODUCTION- The topic mainly focuses on Insanity which still remains an unresolved problem in criminal jurisprudence and because of which crime rates in India is increasing at a really higher rates.

According to the 2011 forensic psychiatry study in which 5024 prisoners were evaluated in a semi-structured interview program that showed the analysis that 4002 (79.6%) people could be diagnosed with disease diagnosis, mental or substance use. Insanity has been used as a defense under Section 84 of the IPC in recent times. Other research from India describes a very dull image of patients in forensic psychiatry with the support of supporters of the need to rationalize the strategy of referral, diagnosis, treatment and certification. There is a well-established principle, “Actus Non Fecit Reum Nisi Mens Sit Rea”, which in the literal sense means, an act does not make anoffender liable without a guilty mind.

The Intention of Guilty Mind (Mens Rea) of the offender is an integral part while committing a crime. The defense of insanity is a law that protects a person who is incapable of understanding the nature of the act done by him. Hence the Insanity provides the defense to the accused because the accused can claim while committing the crime that he is mentally unstable, he has no ability to think like a normal being or he has lost the ability to think normally hence he was forced to commit the offence which he didn’t want to.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Failure of Constitutional Machinery (President’s Rule) – Aishwarya Sandeep

What is Judicial Activism – Aishwarya Sandeep

Censorship of OTT Content – Aishwarya Sandeep

One comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.