Open Access Research Article
McNaughten Rules and provisions in the Indian Penal Code, 1860 and its ramifications on the society (By Ayushi Kumari)
Published Paper
Article Details
The M'Naghten Rules were a
comprehensive criminal liability principle that played a critical part in the
widespread acceptance of insanity as a defence. The English Courts devised a
number of tests to help determine the applicability and scope of these laws.
The M'Naghten Rules' applicability differed from country to country, depending
on how they approached their domestic laws. The rules were a typical test for
accused who pleaded insanity, and these standards assisted the court in
deciding whether the person's defence was truthful and plausible, allowing the
court to determine the accused's criminal responsibility. However, over time
there due a number of reason, the rules have not evolved to match the current
times and hence have been critisised. The cases being left out due to the flaws
in the rules have increased and thus the courts have started to view such cases
without the application of the rules.
India, like many other
countries, accepted the M'Naghten Rules, which created the foundation of
Section 84 of the Indian Penal Code, which allows the defence of insanity to be
utilised in criminal proceedings.
Article Information
McNaughten Rules and provisions in the Indian Penal Code, 1860 and its ramifications on the society (By Ayushi Kumari)
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ramifications on the society
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/21
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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