The Dodge or Defence of Insanity

  • Anoushka Singh, Amity Law School, Noida
  • September 25, 2020

Content :

In the Indian Legal System “Insanity Defence” is a tool in criminal law to save allegations from criminal response. Based on the idea that at the time of the crime, the person was suffering from a mental illness and therefore, could not understand what he was doing. It is noteworthy here that this concept is legal and therefore simply having dementia is not enough to prove insanity. The burden of proof proving insanity lies with the accused and he must give the court the same evidence as "correcting the evidence" as a civil case. This article focuses on the concept of madness in the law and how it became a way of the current justice system.