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Insanity: A Loophole for Criminals

The "Insanity Defence" in Indian law shields individuals from criminal accountability if they were mentally ill during the crime, unable to understand their actions. Proving mental illness isn't enough; the accused must prove insanity affected their actions.

Origin of Insanity Defence: 

Originating from the McNaughton Test in British law, it allows individuals to claim insanity if they couldn't understand the nature of their acts due to mental illness.

Aboriginal Practice: Insanity in Indian Law: 

Section 84 of the Indian Penal Code states that no crime is committed if the person, due to mental illness, couldn't understand the act's nature or its legality.

Obligation to Prove: 

The burden of proof lies with the accused to prove they were legally insane at the time of the crime, showing they couldn't comprehend their actions or their legality.

Beneficial Features of the Insanity Defence: 

Provides protection for mentally ill individuals from severe penalties if they couldn't understand the consequences of their actions.

Negative Features of Insanity Defence: 

Critics argue it can be abused, leading to acquittals of violent criminals who fake or exaggerate mental illness.