Unsoundness Of Mind in Legal Parlance

Abstract

The criminal law of India has been of magnificent nature since its inception. With the ever evolving society, the law becomes old and obsolete and needs rectifications and modifications which also increases the scope for the researchers to work upon the important sectors of crime. Therefore, the research has written the present research paper to bring forth the readers the intricacies of the law of legal insanity. The research traces back the Origin of the doctrine of legal insanity and how it has been imbibed under section 84 of The Indian penal code, 1860. The research goes on to discuss essential requisites of Section 84 and highlights the difference between legal and medical insanity. It also talks about other relevant provisions under Indian Evidence Act, 1872 and discusses the importance of burden of proof in Indian Criminal System. Not only this, the reason Section 84 is believed to be misused is discussed following the analytical and critical methodology. Last but not the least, the research ends with a few set of suggestions and conclusions for the readers. It is believed that the research will not only help students but also academicians and members of the bar in serving and delivering justice of the society.