Criminal responsibility and mental illness in India: a human rights critique of the insanity defence and fitness to stand trial

Abstract

Criminal responsibility, a cornerstone of criminal law, is predicated on the assumption that individuals possess the mental capacity to understand the nature and consequences of their actions. However, this premise becomes complex when mental illness affects an individual’s cognitive or volitional faculties. This study undertakes an analysis of the interface between mental illness and criminal responsibility within the Indian legal framework, with particular focus on the insanity defence and the role of forensic psychiatry. Drawing on statutory law, judicial interpretation, and emerging human rights perspectives, it critically evaluates how Indian criminal law addresses mentally ill offenders and assesses the adequacy of existing legal standards and institutional mechanisms. The study further explores the challenges posed by unstructured psychiatric assessments and the absence of formalised protocols, with selective reference to international practices to contextualise the Indian framework. The research concludes with recommendations to harmonise Indian criminal law with evolving psychiatric knowledge and international human rights obligations. It proposes a set of reforms aimed at enhancing the doctrinal coherence, clinical accuracy, and constitutional validity of India’s approach to criminal responsibility in cases involving mental illness.