Can a person with bipolar disorder be held criminally responsible for their actions, or should they be excused under the legal principle of insanity? For example, people with bipolar disorder experience extreme mood swings—from manic highs to depressive lows. During these manic episodes, their behaviour can become impulsive and sometimes even violent. But can someone suffering from such a disorder be held criminally responsible for their actions?
Let’s first understand what exactly is bipolar disorder: Bipolar disorder is a chronic condition that causes extreme mood swings. These mood swings can lead to changes in one’s behaviour such as reckless spending, self-harm, or violent actions, especially during manic episodes.
The Legal Framework: Criminal Responsibility and Mental Health
In India, the newly enacted Bhartiya Nyaya Sanhita (BNS)modernized several legal provisions and introduced significant changes to criminal law, including the concept of “unsound mind.” SECTION 22 of BNS states that “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.” This provision aligns with the common legal principle of insanity, which holds that a person should not be held criminally responsible if they cannot comprehend the nature of their actions due to mental illness.
Defence Under Section 22 of BNS: Understanding Legal vs. Medical Insanity
For legal defence, we have to make a distinction between legal insanity and medical insanity. The law only recognizes Legal insanity and not medical insanity. Legal insanity in Indianlaw means a condition where a person, owing to unsoundness of mind, cannot realize the nature or wrongfulness of the act at the time of doing it. This section emphasizes two main points:
1.Incapacity to understand the nature of the act
2.Incapacity to know the act is wrong
On the other hand, medical insanity refers to the clinical diagnosis of mental health disorders like bipolar disorder, schizophrenia, or severe depression, which may impair an individual’s ability to think, feel, or act rationally. However, not every person with a mental health condition qualifies for a legal insanity defence.
When medical insanity becomes legal insanity: The transition from medical insanity to legal insanity typically occurs when a person’s mental illness interferes with their ability tounderstand the nature or wrongfulness of their actions. This is when a medical diagnosis i.e. bipolar disorder can be used to support a legal defence in a criminal case.
Legal Insanity: From IPC to the Modern Legal Framework
In both the Indian Penal Code (IPC) and the modern-day Bhartiya Nyaya Sanhita (BNS), the principle of legal insanity remains central in determining whether an individual can be held criminally responsible for an offense. The concept is rooted in the idea that a person suffering from a mental disorder that impairs their ability to understand the nature of their actions should not be punished in the same way as a person who has full control over their faculties. This defence was first articulated in the M’Naghten Case (1843) which became a cornerstone for legal insanity across many legal systems, including India. In this case, it was established that for a defendant to be excused from criminal liability under the insanity defence, they must have been incapable of understanding the nature of their actions due to a mental illness.
Criminal Behavior and Bipolar Disorder
A study published in the American Journal of Psychiatry (2007) showed that approximately 20-30% of individuals with bipolar disorder may engage in violent or aggressive behaviour at some point, particularly during manic or hypomanic phases. Violence can range from verbal aggression to physical assaults. A large study in Denmark (2015), which examined criminal convictions in individuals with bipolar disorder, found that 15-20% of individuals with bipolar disorder had a criminal conviction. While there is no definitive statistic that accounts for all crimes committed by individuals with bipolar disorder, studies consistently show that individuals with untreated or poorly managed bipolar disorder, particularly during manic episodes, have a significantly higher likelihood of engaging in criminal behaviour.
The role of Indian courts and Judicial Discretion in Insanity Defence
Through landmark cases, the courts have continuously clarified that the defence of insanity hinges on mental incapacity at the time of the crime and must be backed by evidence. Where a plea of insanity is made, the court is to determine whether or not the accused, when committing the offense, had a mental disorder that was so severe as to prevent them from knowing the nature and quality of their actions or the criminality of the act. This is the focus of the insanity defence, and it is up to the court to carefully balance the evidence. The measured evaluation of mental illness in the legal system is a reflection of the changing knowledge of mental health and the adherence to fair and humane legal proceedings.
Assessing the Mental State at the Time of the Crime – The most important consideration in considering an insanity defence is the mental state of the defendant at the time of the crime. The court has to decide whether the defendant had the mental ability to know the nature of what he was doing or whether he lacked the ability to know the difference between right and wrong. This is consistent with the provisions of the Bhartiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC), where the legal definition of “unsoundness of mind” is linked to the accused’s ability to comprehend the nature of their actions.
Conclusion
In the end, the legal system, particularly in the context of new legal frameworks such as the Bhartiya Nyaya Sanhita (BNS) 2023, must navigate the delicate balance between criminal accountability and mental health conditions. Courts are tasked with determining whether the accused was capable of understanding the nature and wrongfulness of their actions at the time of the offense, relying on medical evaluations and psychiatric evidence. Ultimately, the law must evolve to ensure that individuals with mental health disorders receive fair treatment, while also maintaining public safety and accountability.
As society grows more aware of the complexities surrounding mental health, it is essential that the legal framework adapts to provide a nuanced approach that safeguards the rights of those affected, while upholding the principles of justice. Only through such a balanced approach can we create a more just and understanding legal system, where both the mind and the law are fully considered in every case.
Author: Aditi Jallawar, 2nd year BA LLB student at Shri Navalmal Firodia Law College, Pune.
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