Open Access Research Article
DEMONIC HAUNTING AND POSSESSION AS A DEFENCE IN INDIAN CRIMINAL LAW
Abstract
The defence of demonic
haunting or possession presents a unique challenge within the Indian criminal
justice system. Indian law primarily relies on the doctrine of mens rea and
actus reus to determine the criminal liablity. The legal maxim “ actus non
facit reum nisi sit rea” translates to “ an act does not make a person guilty
unless their mind is also guilty”. Under criminal law you need both the actus
reus and the mens rea to be convicted of the crime.
BNS, IPC, CRPC and BNSS do
not recognize demonic possession or hauntings as a valid defence, However
Indian courte have granted legal protection in some cases where a person acted
under good faith and perceived the victim to be a supernatural entity rather
than a human being.
The courts have also
distinguished such cases from situations involving mental illness under section
--- and have rejedted attempts to misuse claims of possession or exorcism to
escape criminal liability. This article examines how a person use demonic
hauntings or possession as a defence and also the prevention of abuse within
thr criminal justice system.
Published Paper
Author Details
Authors: SIDDHANT NEOPANEY.Registration ID: 1013599 | Published Paper ID: IJLRA13599Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
DEMONIC HAUNTING AND POSSESSION AS A DEFENCE IN INDIAN CRIMINAL LAW
Authors: SIDDHANT NEOPANEY.
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.