Can the defence of insanity be a loophole for criminals?
- Lakshmi Raj C
- June 24, 2020
Content :
The notion of excusing a defendant from criminal liability, owing to the absence of a culpable state of mind whilst committing the alleged offense is a safeguard accorded by law to protect a vulnerable class of people in the society. Of the popular defences in Criminal law, one of the most widely reviewed and discussed defence is the Insanity defence. With its modest origins from the ancient law scripts, it has transgressed borders and territories to earn recognition as an Excusable defence in Criminal law. Socio-political and jurisprudential advancements, while giving a novel shape to the defence has also contributed to the widening of its ambit across jurisdictions. The past years have also witnessed voices of concern on the indiscriminate exploitation of the defence by criminals to seek exoneration from criminal liability. Such practices invariably lead to a serious undermining of the core principles envisaged during the introduction of the defence. The challenges raised are humongous, necessitating immediate attention. The present study is an earnest attempt to analyse the Insanity Defence in the background of a modern and progressive society. Through a brief analysis of its evolutionary aspects and its formulation across jurisdictions, the study progresses to some key problems facing the Insanity Defence in the modern context. From a generalized approach, the study trickles down into narrower perspectives on the issues marring the defence in India.
