Insanity Defense (Not guilty by reason of insanity) Guilty but insane

Insanity Defense (not guilty by reason of insanity) not criminally responsible by reason of mental disorder.
To read the article - Insanity Defense: Past, Present, and Future - www.ncbi.nlm.nih.gov/pmc/arti...
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Insanity defense is primarily used in criminal prosecutions. It is based on the assumption that at the time of the crime, the defendant was suffering from severe mental illness and therefore, was incapable of appreciating the nature of the crime and differentiating right from wrong behavior, hence making them not legally accountable for crime. Insanity defense is a legal concept, not a clinical one.
This means that just suffering from a mental disorder is not sufficient to prove insanity. The defendant has the burden of proving the defense of insanity by a “preponderance of the evidence” which is similar to a civil case. It is hard to determine legal insanity, and even harder to successfully defend it in court.
Insanity defense has been in existence since many centuries; however, it took a legal position only since the last three centuries. There were various tests used to declare a person legally insane such as Wild Beast test, The Insane Delusion test, and “test of capacity to distinguish between right and wrong.” These three tests laid the foundation for the landmark Mc Naughten rule.
In 1843, Daniel Mc Naughten, a wood-turner from Glasgow, shot and killed Edward Drummond mistaking him for Sir Robert Peel. Mc Naughten believed that he was persecuted by the Tories, and evidence was brought to show that he had been totally deluded on this subject for some time.[11,12] His state of mind was apparent from the outset when he had to be coaxed, and finally tricked, into pleading “not guilty.” After hearing seven medical witnesses testify that he was completely insane, the judge stopped the trial, the jury brought in the special verdict without summing up and without retiring, and Mc Naughten was forcibly committed to the Bethlem Hospital.
Section 84 of IPC deals with the “act of a person of unsound mind. “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.”
Psychiatrists may be asked to assist the court in determining whether certain mental disorders affected a person's ability to form the intent necessary to make that person legally culpable. The medical discipline describes the patient's mental status on a continuum that ranges from extremely ill to completely healthy. However, the legal language is clearly categorical in nature, either criminally responsible or not responsible. While a psychiatrist is concerned with medical treatment of individual patients, courts are concerned with the protection of the society from the possible dangerousness from these patients. Psychiatrist needs to understand that it is not only the fact that the person is suffering from mental illness but it is the totality of the circumstances seen in the light of the evidence on record to prove that the person was also unable to appreciate the nature of the act or wrongdoing or that it was contrary to the law is appreciated in the court of law for insanity defense

[@amitlavekar3331]

Long awaited video for me. Thank you very much Sir for such a nice presentation. Keep guiding us🙏

[@swatioberoi515]

Thanku sir for this video..sir kindly make video on malingering ,euthnasia,ethics and sir pocso act..eagerly waiting

[@geetashetty2430]

One of the best explanation . Wonderful experience. In detail. Made very easy & interesting

[@SureshBadaMath]

Thank you very much for your feedback

[@veritas7903]

Good evening Sir,
what about a person with mild intellectual disability who has committed a crime and is under trial and comes to us for determination whether he is of unsound mind or not and proceedings be carried out in accordance with crpc section 328
Do we follow any format for this??
Kindly clarify Sir.

[@noorsadiq4718]

Thank you sir

[@manzoorali9045]

Video on CBT and REBT are most awaiting

[@SureshBadaMath]

Thanks for your feedback

[@manzoorali9045]

Great addition in my professional knowledge and skill

[@SureshBadaMath]

I am happy it was helpful

[@rajatghosal7884]

Can a bipolar disorder patient get insanity defence? Sir can you please tell

[@SureshBadaMath]

Please consult an advocate

[@allinonechannel6782]

Sir I'm mentally sick..
(Depression anxiety paranoid delusion)
Many people takes unfair advantage of it.
Sometimes people beats me.
Even police don't takes fir.
What to do?

[@SureshBadaMath]

Please contact Free Legal Aid Clinic, District Legal Service Authority in District Court for help . Please carry disability certificate because of your illness. That disability certificate will enable you to get free legal aid.

[@allinonechannel6782]

@@SureshBadaMath sir thanks for the reply.
Sir I don't have disability certificate.
I only have doctor prescriptions.
And 1 eeg test report which clearly states that my one brain nerve doesn't function properly.
I will be glad if you let me know the procedure to get disability certificate.
Thank you!

[@swatioberoi515]

@@allinonechannel6782 go and meet civil surgeon in civil Hospital..he will refer U to nearby medical college for certificate...

[@nikhilgaud5399]

​​@@allinonechannel6782 Well next time they beat you,make a video and just go and file an FIR.. If Police doesn't register an FIR file an File a case on the concerned Police Officer Under Article 34.

[@Smita-Shinde]

​@@nikhilgaud5399 if police does not lodge FIR then post a letter to Supt of Police contending that the police is not taking cognizance of the offence

[@rajatghosal7884]

Can an ADHD patient get insanity defence? Sir can you please tell

[@SureshBadaMath]

No.
ADHD doesn’t cause defect in logical reasoning so no insanity defense

[@Save_Da_Whale]

Thank you for this informative topic.. But it would have been better if you could share/shown some cases where ipc section 84 is used to release a person with genuine severe mental illness..

[@SureshBadaMath]

Thank you very much for the suggestions