1
CRIMES -1 ASSIGNMENT
INSANITY AND CONSENT: A COMPARITIVE ANALYSIS
SUBMITTED TO,
DR. BALAKRISHNAN
ASSOCIATE PROFESSOR, NUALS
SUBMITTED BY ,
AKASH RADHAKRISHNAN
831, IInd SEM, NUALS
CONTENTS
- Insanity - an overview 4
- 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
Introduction
The 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.
3 - an image of the typical suburban home
Joan of Arc
Insanity Radio Logo.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.
Insanity
A general overview
Insanity 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...