Abstract:
General exceptions is an important principle of criminal law for doing justice to the accused persons.
Insanity is one of the most important general exceptions by which the accused person is discharged of his criminal liability for commission of any offence in India and European countries. Investigating the judgment of various Courts and the M’Naghten Rule, this paper attempts to study the insanity of the accused person, and we find that insanity negates the mensrea, i,e the guilty mind, which is one of the mental elements for commission of hoologanism. It is considered that the madman or the insane person has no existence or non-est in law and the Courts acquit such persons from his liability of crimes.
Vol. 5, No. 1, March 2024, pp. 645-650