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Insanity And Consent Essay

6350 words - 25 pages

Section 84 4
Situations were the section can be invoked 5
History of Insanity 6
Mcnaghten Rules 8
The irresisteible-impulse test 10
Durham Rule 11
ALI model Penal Code 12
Burden of Proof 13
Consent 15
Expressed or Implied consent 16
Burden of proof 17
Sections 88, 89 and 92 20
IntroductionThe project aims to study and draw a comparitive analysis between two defences against criminal liabilty. One being insanity, and the other consent. Both the topics will be dealt separately and will include the history , evolution, practicality in the Indian legal context, and the loopholes it faces today. It will also bring about how these are put into practicality and how one can use the existing remedies to get justice. The first half will focus on the 'defence of insanity' , the section that it is included in , its developments and some of its historical background. The second half will focus entirely on 'consent', sections in the Penal code that brings about it and also how they can be used practically.InsanityA general overviewInsanity can be defined as a mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is different when it comes to legal terms. Insanity or mental abnormality is one of the exceptions to criminal liabilty recognized by law. When a person has committed a wrong or a crime in a state of mind where he falls under the essential ingredients of insanity he can use or avail the 'defence of insanity' .Section 84 of the Indian Penal Code which states ' Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law' grants this provision. This is based on the principle of mens rea where a guilty mind alone in punishable and that an insane or mentally unsound person is incapable of having a will of his own , hence should be exempt from criminal responsibility. However, this provision has long been the subject of academic criticism for being unfair, unjust and out of date and failing to reflect the advances made in medicine, phsycology and psychiatry. The question of insanity is really not a question of law; it is essentially a question of fact. Moreover it is one of the topic in the criminal law that has led to a heated discussion on the question of the responsibilty of the insane for the crime between the medical and legal professions.Sec. 84Sec. 84 of the IPC is the sole section that brings the element of insanity. Sec.84 states ' Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is...

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