SOUND MINDS CAN GET AWAY WITH MURDER…!
Aug. 31, 2021 • Kareena John
“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……………”
“Schizophrenia - A disorder that affects a person’s ability to think, feel and behave clearly………”
No, these aren’t my words! But the duly stated law as per Section 84 of the Indian Penal Code and the Medical definition of the disorder respectively.
What’s the connection between the two you ask? Well, the ‘Insanity Defense’ in India is usually backed by Schizophrenia as its major reason. In 2011, a man was acquitted in a murder case by the Bombay High Court, because it observed that he was of “unsound mind” and hence couldn’t be held liable for his actions as he was suffering from Schizophrenia. Okay, what was his crime? The prosecution stated on the 8th of November, 2007 the man had assaulted his building’s watchman with a knife because the latter hadn’t followed his orders of watering some plants at his residence. The guard was then decalred dead when brought to the hospital. Surprisingly, the same man was also acquitted in a previous similar case of murder in 2001 on the same reason, which was why he pleaded the insanity defense the second time as well!
This is exactly how Psychology and Law are twisted and turned to one’s own benefit to escape the clutches of punishment. Even though the court orders for a medical evaluation test to be conducted by certified Psychological experts, there isn’t anything that hard cash cannot buy. From fake medical history and documents to fake medications, you name it and it can all be tampered with very well to escape the noose- if one may add.
Which makes me wonder if a person with sound mind, good mental health and reasoning can get away with heinous crimes such as murder by using the insanity defense and continue to commit crimes, how is it that we filter genuine cases from the fake ones?
Let’s define a ‘sound mind’ shall we? As per The Indian Contract Act of 1872, that governs all contracts in India and still continues to remain in force, says that a person is of sound mind if at the time of making a contract, he is “capable of understanding it and forming a rational judgment”. Interestingly, the Act also gives examples of what is and what is not a sound mind.
(a) A patient in a lunatic asylum, who is, at intervals, of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever, or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
From the definition and illustrations, it is clear that ‘soundness of mind’ is task-specific and not generalized and mental illness is neither necessary nor sufficient for a finding of unsound mind.
In very rare cases of Schizophrenia do the patients resort to violence such as murder which is mostly due to their hallucinations. It was later observed that due to such cases of people being acquitted on the grounds of unsound mind quoting Schizophrenia as the major factor, the general impression and attitude of the public towards actual Schizophrenic patients took a total 180 degree turn.
Although in Hari Singh Gond vs State of MP 2008 the Supreme Court rightly said there was no such definition of ‘unsoundness of mind' and that the courts have mainly treated it as an expression, equivalent of insanity. The judges also said that, insanity itself has no precise definition but, is a term used to describe varying degrees of mental disorder. Hence, equating ‘unsound mind’ with mental illness is an example of institutional discrimination against persons with actual mental illness who are denied civil, political, economic, social and cultural rights. It also increases stigma against mental illness because the law itself affirms the incompetence of persons with mental illness.
Which brings me to this final question, DOES INDIA STILL NEED THE INSANITY DEFENSE?
The author Kareena John is a final year law student at Shankarrao Chavan Law College, Pune.