Mens Rea Absenteeism in the Defense of Insanity: A Medico=Legal Analysis 10 Supremo Amicus 2019

10 Supremo Amicus 229 (2019)
Mens Rea Absenteeism in the Defense of Insanity: A Medico=Legal Analysis

handle is hein.journals/supami10 and id is 239 raw text is: SUPREMO AMICUS

VOLUME 10

ISSN: 2456-9704

MENS REA ABSENTEEISM IN THE
DEFENSE OF INSANITY: A MEDICO-
LEGAL ANALYSIS
By Sankalp Vijay & ShubhamMudgil
From School of Law, UPES, Dehradun
ABSTRACT
Scientific theories of the brain endanger our
assumption of intent and consequentially
threaten our customary practices. With the
advent of modern criminal law in the
country the approach for a modernized
ideology has evolved, criminology is not
stagnant anymore, its evolving as the human
brain expands. This article dives into the
depths of insanity as a defense to a crime.
The authors have tried to effectualize the
medical and legal aspects of insanity as a
defense and the absence of mens-reain the
same. The reader shall feel the implication
of mens-rea absenteeism in the defence of
insanity. The paper primarily focuses on
varied concepts of legal and medical
insanity, meaning of which has evolved with
time and authority. The paper takes into
account the interpretation of the provisions
under the Indian Penal Code, with respect to
defense available to an insane accused and
the implications on the same through the
McNaughton's case. The paper has been
introduced through chapterization of the
idea into Four aspects dealing in essentials
of mens-reain criminal responsibility,
insanity as a defence, relationship between
mens-rea and insanity and finally the
hypothesis as what needs to be done to
clarify this fault in the legal system, of
similarity between legal and medical
insanity, and their implications on
incarceration of an accused.

KEY WORDS: Criminology, Insanity as a
Defence, Mens Rea, Legal Insanity, Medical
Insanity, Indian Penal Code, McNaughton's
case, Criminal Responsibility
INTRODUCTION
Unsoundness of mind is an absolute defence
to a criminal charge. It assumes that an
insane person has no mind and thus cannot
have the mandatory mens rea to be held
guilty of a crime.509
A mad man cannot control his will and
regulate his conduct, thus is placed in an
even worse condition than a child.
Moreover, no court can correct the act of an
insane man, being unintentional and
involuntary, by way of punishment.5 10At the
same time, in order to protect the people
from being attacked by maniacs a provision
under the code of Criminal Procedure 1973
has been made for the detention and care of
persons of unsound mind.51
According to medical science, unsoundness
of mind or insanity is a disease of the mind,
which impairs the mental faculty of man. In
law, insanity implies a malady of mind
which debilitates the intellectual personnel,
in particular, the thinking limit of a man to
such a degree as to render him unequipped
for understanding the nature and outcomes
of his acts. It avoided from its domain, the
madness caused because of enthusiastic and
volitional components. It is just craziness of
509 Singh, Hari, The Penal Law of India, Vol I,
llthedn., 2000, pp 620-630.
510 Hall, jerome General principles of Criminal
Law, 2ndedn, 1960, p 499.
5sThe Code of Criminal procedure1973, Ch XXV, ss
328-339.

www.supremoamicus.org
229

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