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A Psychophysics Paradigm for the Collection and Analysis of Similarity Judgments
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How does India Decide Insanity Pleas? A Review of High Court Judgments in the Past Decade
Parthasarathy Ramamurthy1, Vijay Chathoth1, Pradeep Thilakan1
1Department of Psychiatry, Pondicherry Institute of Medical Sciences, Puducherry, India.
Indian Journal of Psychological Medicine
|April 16, 2019
Summary
Insanity pleas were successful in 17.65% of Indian High Court cases between 2007-2017. Factors like prior mental illness evidence and expert psychiatric opinions influenced outcomes for mentally ill offenders.
Area of Science:
- Forensic Psychiatry
- Indian Criminal Law
- Legal Psychology
Background:
- Section 84 of the Indian Penal Code addresses acts by individuals with unsound minds.
- This study examines the application of the insanity defense in Indian High Courts.
Purpose of the Study:
- To estimate the success rate of insanity pleas in Indian High Courts.
- To identify factors influencing the outcome of insanity pleas for mentally ill offenders.
Main Methods:
- Data was collected from 23 Indian High Courts (2007-2017).
- Keywords 'insanity' and 'mental illness' were used to retrieve judgments.
- Information on crime, psychiatric diagnosis, evidence, and court verdict was analyzed.
Main Results:
- 102 cases were analyzed from 13 High Courts.
- Insanity pleas were successful in 18 cases (17.65%).
- Lower court verdicts, pre-crime mental illness documentation, and psychiatric opinions were associated with successful pleas.
Conclusions:
- Insanity pleas had an approximate 17% success rate in Indian High Courts over a decade.
- Key factors influencing plea success offer guidance for stakeholders managing mentally ill offenders.
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