'Mad Man is Punished by His Madness Alone' - A Defence of Insanity

Abstract

The article studies some of the glaring differences between the medical and legal understanding of the term Insanity. With this understanding of insanity, the article traces the roots of insanity defense and discusses the much famous M'Naughten Rule recognized world over as the mother of insanity laws in modern times. Subsequently, the article takes up the comparative study of penal laws across the major countries concerning the defence of insanity. Further the Indian position regarding insanity defence is analyzed in the light of Indian Penal Code along with case studies. Finally the article concludes with an assertion that Indian penal law relating to insanity defence needs no revisit.

Keywords: mens rea, actus reus, criminal liability, M'Naughten Rule, Indian Penal Code, Medical Insanity, Legal Insanity, Insanity and Criminal Law