And often the trials involving an insanity defense get the most attention because they involve “crimes that are bizarre within themselves”, said Baltimore defense attorney Cristina Gutierrez, who has defended a dozen such cases in as many years. CASES OF INSANITY DEFENSEĬritics argue that some defendants misuse it, effectively faking insanity to win acquittals or less severe convictions. Hence, Section 84 IPC affixes no culpability on persons with mental illness because they can have no rational thinking or the necessary guilty intent.
AIR INSTANITY FREE
(b) “ Furiosi nulla voluntas est” – a person with mental illness has no free will. (a) “ Actus Reus Non Facit Reum Nisi Mens Sit Rea” – an act does not constitute guilt unless done with a guilty intention Section 84 IPC, clearly embodies a fundamental maxim of criminal jurisprudence that is, It deals with- “ Act of a person of unsound mind”- Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
This case became a defining moment even in the history of Indian Law relating insanity defense section 84 IPC is exclusively based on McNaughten Rules. Five propositions were drawn thereafter, which were called McNaughten’s Rules. His state of mind was evident from the beginning when he had to be enticed, and finally tricked, into pleading “not guilty.” After hearing seven medical witnesses testify that he was completely insane, the judge stopped the trial, the jury brought in the special verdict without summing up and without retiring, and Mc Naughten was forcibly committed to the Bethlem Hospital. McNaughten believed that he was persecuted by the Tories, and evidence was brought to show that he had been totally deluded on this subject for some time. In 1843, a wood-turner from Glasgow, Daniel McNaughten shot and killed Edward Drummond mistaking him for Sir Robert Peel. The introduction of “ McNaughton’s Rules” in 1843 was a turning point in the history of the insanity defense. The plea of insanity as a defense in criminal cases has a long and fascinating history. A Human Condition: The law relating to mentally Abnormal Offenders. It also brings the due process of law, if that person is not in a position to defend himself in the court of law, evoking the principle of natural justice. Punishing someone who is not responsible for the crime is a violation of basic human rights and fundamental rights under Constitution of India. A person thoroughly oblivious about its surrounding, or unaware of the distinction between right and wrong, is not the one to punish. The concept of “responsibility” arises with most of the cases involving human conduct and presence of guilt, knowledge of the act and its consequences.
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