Defence of Insanity under Indian Legal System: An Analysis

The subject of criminal liability and is still an unsolved problem of criminal jurisprudence. The characteristic features of insanity preclude the application of the retributive and deterrent theories of criminal justice against someone who is insane. The criminal's insanity often softens society's desire for revenge and sanctions would not be able to deter a person who may not comprehend their significance. The insanity defence in criminal law has primarily been built on the philosophy that the rehabilitative theory may work better in this case. Moreover, the fundamental maxim that an act does not constitute a crime unless it is done with a guilty intention, exempts an individual from criminal responsibility if that person was incapable of knowing the nature of the act or that the act was unlawful. The English criminal law system has adopted the M 'Naghten Rule the way it is. The M 'Naghten Rules, considered seminal to the modern treatment of insanity in criminal law. The Indian criminal law system has laid down the defence of insanity under section 84 of Indian Penal Code. This defence is based on the M 'Naghten Rule but there are some differences. This paper is an attempt to discuss the law relating to insanity.