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Insanity Defense in Indian legal Prospective

Submitted to:- Submitted by:-

Ms. Tanya Dixit Shivanshu Singh
Assistant Professor (Psychology) Roll no. 141

B.A. LL.B. (Hons.)- 2nd sem

Insanity is referred to as lunacy or unsound mind, mental abnormality, disease of mind etc. an
insane person cannot think and act as a normal human being. His capacity to know things is
perverted. It is called non compose mentis.(possessed of a sound mind.)

If insanity is to be regarded as immunity first of all it must be clearly explained as to what it

is. There being no standard of insanity, it becomes difficult to define insanity leading to the
absence of mens rea

Research Methodology:
I am opting review of literature as research methodology for this project.

Tentative Chapterization:
Defence of unsound mind
Common disorder found in prison inmates
McNagthen Rule
Unsoundness of mind
Legal and medical insanity distinguished
Kinds of insanity
Position in other countries
Case laws in Indian legal system
Conclusion and suggestion

Books Referred:

P Srivastava, Principles of Criminal Law, 4th ed., 2005.

PSA Pillai, Criminal Law, 9th ed., 2007.

K S N Murthy and K V S Sarma, Criminal Law, 1st ed., 2001.

ND Basu, Indian penal code, 9th ed., vol 1, (2nd Ind. Rep.), 2006.

R P Kathuria. Supreme court on criminal law, vol.3, 5th ed., 1996.

Ratanlal and Dhirajlal, Indian penal code, 29th ed., (2nd Ind. Rep.), 2004.

J W Cecil Turner, outlines of criminal law, 19th ed., 2002.

John Kaplan and Robert Weisberg, criminal law, 2nd ed., 1991.