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Title: Enigma Called Insanity: Exploring the Defence of Insanity in Criminal Law with Special Reference to Multiple Personality Disorder
Other Titles: INDIAN JOURNAL OF LAW AND JUSTICE, Vol. 10 No. 2, September 2019, p 58 - 78
Authors: Roy, Souvik
Keywords: Insanity
McNaughten Rules
Multiple Personality Disorder
Issue Date: Sep-2019
Publisher: University of North Bengal
Abstract: The human brain is one of the most complex creations of nature and so is the defence of insanity, arising out of the same human mind. This paper elaborately discusses the different landmark rules that have affected the interpretation of this defence from time to time. Next, it also highlights the different forms of insanity mainly dealing with automatism and psychopathy while debating whether these could be fairly categorized under the defence of insanity. Furthermore, explicit discussion on the phenomenon of multiple personality disorder (MPD) coupled with a unique attempt to link MPD with the defence of insanity in criminal law has been ventured upon. The paper, therefore further enumerates the different approaches adopted in order to interpret MPD in the light of insanity defence, namely the Unified Approach, the Host Personality Approach and the Clinical Approach. Lastly, the researchers also proposed of introducing and applying the Brain Electrical Oscillation Signature Profiling Test vis-a-vis BEOS test, to determine the certainty of the existence of the disorder in the suspect, to a great extent. The test could help in ascertaining the criminal culpability to a greater degree. This research piece attempts to justify the above proposition by taking a hypothetical scenario and explaining the technique involved. The authors of this paper hereby declare that the same is original and unpublished before on any platform.
ISSN: 0976-3570
Appears in Collections:Vol.10 No.2 (September 2019)

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