An Analysis of the Defense Based on Insanity in a Criminal Trial

  • Nitika Rawat and Devang Gupta
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  • Nitika Rawat

    Student at Chandigarh University, India

  • Devang Gupta

    Student at Chandigarh University, India

Abstract

Insanity as a defense is essentially utilized in criminal indictments. It depends with the understanding that at the time of the crime, the defendant was experiencing extreme psychological illness and therefore, was incapable of doing any crime and differentiating directly from wrong conduct, subsequently making them not legally responsible for the crime. The insanity defense is a legal concept, not a medical one (Clinical one). This implies that simply experiencing a psychological issue is not adequate to demonstrate insanity. The defendant has the onus of proving the defense of insanity by a “prevalence of the proof" which is like a civil case. It is difficult to decide legal insanity, and surprisingly harder to effectively safeguard it in court. This article centers around the Supreme Court decision on insanity defense and guidelines utilized in Indian court. Analysts present a model for assessing a defendant's psychological status examination and momentarily examine the legal standards and strategies for the assessment of insanity defenses. There is a dire need to start formal graduation course, arrangement Forensic Psychiatric Training and Medical Services Providing Centers across the nation to expand the manpower resources and to give a reasonable and fast trial.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 2108 - 2116

DOI: https://doij.org/10.10000/IJLMH.11699

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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