PLEA OF INSANITY IN CAPITAL PUNISHMENT CASES: AN INDIAN PERSPECTIVE
Keywords:
CAPITAL PUNISHMENT, PLEA OF INSANITYAbstract
Insanity is one of the most controversial defences in criminal jurisprudence. It has been a valid defence since ancient times. There have been different applications of this defence in various legal systems. Every case in a court of law is like a new one. There is no proper hard and fast rule as to when the court takes this defence as a valid one. In the Indian system, this defence has been regarded as a loophole due to its infirmities. Some scholars advocate that insanity should be accepted as a defense only on the lines of other defences. Like when there is lack of mens rea or self defense or duress. The only catch is defense of insanity is always used as a mitigating factor. It is never assessed on the basis of above factors. In this backdrop, it is very difficult for the courts to be the decision maker. Especially in the capital punishment cases, it is very difficult to decide on the plea of insanity. Capital punishment cases in themselves pose a controversial stand in the Indian judiciary. In such scenario where would the plea of insanity stand. The objective of this study is to find out whether there is a need for reforming the existing law regarding insanity. The main point of argument is would there be a need to shift it from being a loophole to a double-edged sword. The researcher tries to analyse the existing stand of the courts by looking through some case laws in the past two decades where the plea of insanity was allowed and consider the factors for the respective decisions of the court.
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References
1. Christopher Slobogin, An End to Insanity: Recasting the Role of Mental Disability in
Criminal Cases, Virginia Law Review , Sep., 2000, Vol. 86, No. 6 (Sep., 2000), pp.
1199-1247, https://www.jstor.org/stable/1073944.
2. Parthasarathy Ramamurthy, Vijay Chathoth, and Pradeep Thilakan, HOW DOES
INDIA DECIDE INSANITY PLEAS,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6436411/.
3. Caryl E. Boehnert, Characteristics of Successful and Unsuccessful Insanity Pleas, Law
and Human Behavior , Mar., 1989, Vol. 13, No. 1 (Mar., 1989), pp. 31-39,
https://www.jstor.org/stable/1393773.
4. P.S. Atchuten Pillai, Criminal Law, 3rd edition.
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