Insanity Defence

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The Indian judicial system grants various exceptions to criminal punishments such as self defence and inevitability. One such defence or exception is that of insanity . In almost all instances our law clearly states that if a crime is committed by by a permanently insane person or that he at the time of commitment of crime was suffering from insanity then he shall not be held liable for his actions. The logic behind this is that a person who is not in a conscious or right state of mind cannot differentiate right from wrong not can he understand what’s best for him hence instead of holding him liable such personals are sent off to institutions or are requested to be treated in the care of a family member . While the intentions behind this law are just and reasonable in theory, in practicality they are often used as an escape route by many criminals since providing fake insanity related medical documents with the help of bribery is not a difficult task in our country , where corruption is a deep rooted problem. Thus the clause of using insanity as a defence must be made more stringent, with demands of various medical examinations to prevent the misuse of this defence.

By shashank veid

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