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Artefact
Artefact
Artefact
Criminal responsibilities--Indian Perspective The law in India presumes every individual to be sane and responsible for his criminal act, unless the contrary
is proved. Similarly the law also presumes that for every criminal act there must be a mensrea (mens = mind, rea = criminal) i.e. criminal intent of mind. The
prayer of mental unsoundness is usually brought forward in criminal cases in order to escape punishment because if it is proved that a person is mentally ill then
the accused is not held guilty. If such statement is raised then, the burden of proving mental unsoundness lies on the defense. The plea of insanity is taken: 1.
In bar of trail – when the accused is insane and cannot plead. 2. In bar of conviction – here the accused who was insane when the crime was committed. 3. In
bar of infliction of capital punishment – when a condemned prisoner is insane. The present law on the defense of insanity is an adoptionof McNaughten’s rule
and is contained in Section 84 of IPC. Section 84 of IPC states that “nothing is an offense which is done by a person who, at the time of doing it, is, by
reason of unsoundness of mind, incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law”. Reviewing
this section, it reveals that if a mentally ill person has to be exempted from criminal responsibility, it must be shown that: 1. Unsoundness of mind existed at the
time of committing the crime. 2. The unsoundness of mind is of such degree that the accused person is unable to know the nature of the act or 3. If he knows
the nature of act, he is unable to understand what he is doing is either wrong or contrary to the law. • Thus, a person can be exempted from criminal
responsibility if his intellectual (cognitive) functions have been affected by unsoundness of mind. • The idiots, imbeciles and persons who are deprived of all
understanding are not responsible for criminal offenses and do not present any difficulty in the Court of law. Difficulty, however, arises in those cases where
person labors under a partial delusion and are otherwise quite normal or sane. Other Conditions- Criminal responsibilities of an insane in some special
circumstances are considered below. There are certain conditions, which are ambiguous and cause difficulty to medical person or the investigating officer.
These conditions deserve greater attention and the doctors should be cautious while dealing with such cases. 1. Somnambulism – is a condition in which a
person walks about in his sleep and therefore also called as sleepwalking. The person is not held responsible for any unlawful act committed during
sleepwalking state. 2. Somnolentia (semi-somnolence) – is a condition midway between sleep and wakefulness. The person is not held responsible for any
unlawful act committed during Somnolentia state. 3. Hypnotism (mesmerism) – is a condition where a trance or sleep like state is induced by a process of
suggestion. A hypnotized person may do acts as per orders given by hypnotizer. After wearing of hypnotism, the person does not remember the acts done by
him. Hypnotism cannot be pleaded as defense in criminal acts. Both parties i.e. the hypnotizer and hypnotic person are held guilty. 4. Drunkenness – If a
person voluntarily consumes alcohol or an intoxicating drink with knowledge or intent and commits crime under the influence of drink then the person is held
responsible for his act (Section 86 of IPC). However, if any intoxicant was administered to a personwithout his knowledge or against his will then the person is
not held responsible for his act (Section 85 of IPC).