JOURNAL ARTICLE
Reformulating Insanity Defense and Right of Private Defense in Indian Criminal Justice System from a Mental Health Perspective.
Published In: IUP Law Review, 2025, v. 15, n. 3. P. 16 1 of 3
Database: The Belt and Road Initiative Reference Source 2 of 3
Authored By: Raghavendra, P. Priya; Singh, Prachi 3 of 3
Abstract
Insanity defense has long been a subject of debate in both legal and psychological domains, often criticized for its inconsistencies, potential for misuse, and inadequate consideration of victims' rights. Traditional legal frameworks, such as those based on the M'Naghten Rules, provide a narrow interpretation of insanity, often leading to either an overreliance on psychiatric evaluations or an unjust denial of defense to individuals with genuine mental disorders. This paper seeks to reformulate the insanity defense by integrating it with the right of private defense, particularly through a mental health lens, to ensure a more balanced and just legal approach. It explores the intricate relationship between criminal responsibility, mental health jurisprudence, and self-defense doctrines, highlighting the gaps in current legal standards when dealing with mentally ill defendants who act in perceived self-defense. [ABSTRACT FROM AUTHOR]
Additional Information
- Source:IUP Law Review. 2025/07, Vol. 15, Issue 3, p16
- Document Type:Article
- Subject Area:Law
- Publication Date:2025
- ISSN:2231-3095
- DOI:10.71329/IUPLR/2025.15.3.16-34
- Accession Number:188037433
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