Published Paper Details:

The issue of criminal liability and mental illness is still a unsolved problem of criminal jurisprudence. Despite being various literature on various facets of this theme, many ideas are seen to exists in justification or explanation of the intensity under controversy. It however presents a problematic thing which deserve to careful analysis. This paper is proposed to examine the following aspects of The defence of insanity in Indian criminal law : Defence of insanity in Hindu and Muslim systems of legal juris-Prudence and modern attempts at codification culminating In section 84 of the Indian Penal Code, 1860. A review of the MacNaghten Rules to show the extent of their inclusion in the Indian Penal Cod alongwith the examination of the judicial interpretation and numerous case-law of over a time, with a multiple of fact situations, to determine the extent and scope of defence of insanity as available under this section. A discussion of some adjoining problems--like the problem of Burden of proof and its quantum--in relation to the defence of insanity. Shortcomings of the law of insanity and some suggestions for Its adaptation to reflect modern advances in medico- Psychic knowledge.