The document discusses criminal and civil responsibility as it relates to mental illness. It outlines the McNaughten Rule, which established the test for insanity as a criminal defense. It notes criticisms of this rule for only considering cognitive factors and not emotions or impulse control. Alternative rules like Durham's and Curren's are also summarized. The document then discusses applications of forensic psychology to civil legal proceedings involving personal injury cases. It provides an overview of how mental illness relates to concepts like consent, contracts, evidence, guardianship, property transfers, and adoption in both criminal and civil law.

1. Criminal and civil responsibility
Made by
psychologist
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2. Criminal Responsibilities
• McNaughten Rule: Daniel McNaughten, a
29 year Scotsman, labouring under
delusion, shot dead Edward Drummond,
the secretary to the British Prime Minister
Sir Robert Peel.
• McNaughten was paranoid schizophrenic
and had delusion that Sir Robert Peel was
conspiring against him. He had intended to
kill Sir Robert Pell but mistakenly killed
Drummond.

3. • The Jury, after hearing medical evidence
of 9 physicians, found McNaughten not
guilty by reasons of unsoundness of mind.
• They invited 15 eminent judges to the
House of Lords and were requested to
respond to series of questions on criminal
responsibility of insane. The answers
given by the learned judges were
immortalized in the history and have come
to be known as ‘McNaughten rule’ or ‘the
legal test’ or “Right - wrong test”.

4. • The McNaughten rule states that “to
establish a defense on the ground of
insanity, it must be clearly proved that at
the time of committing the act, the party
accused was labouring under such a
defect of reason from the disease of the
mind, as not to know the nature and
quality of the act he was doing or, if he did
know it, that he did not know he was doing
what was wrong”.

5. Criticism of McNaughten Rule
• It is argued that for deciding insanity of a person,
only cognitive (intellectual) factors or reasons are
taken into consideration but other factors also
influence the conduct and behaviour of a person
such as
• 1. Emotional factors
• 2. Ability of individual to control the impulse
• 3. Loss of self-control.
• It was held that McNaughten rule is old and
obsolete and needs correction. Subsequent to
McNaughten rule, new rules were provided and
debated such as Curren’s rule, Durham’s rule, ALI
etc.

6. Durham Rule (1954)
• The Durham’s rule states, “an accused is not
criminally responsible if his unlawful act was the
product of mental disease or mental defect”.
• The rule states that the unlawful act of a person
was product of mental disease or mental defect.
The ambiguity was with reference to these words
because what constitute mental disease or mental
defect was not made clear or defined. Next thing
was that the Judges would have to rely on the
psychiatrists to decide whether the act was
product of mental defect or disease; it means
giving blank cheque to medical evidence.

7. Curren’s Rule (1961)
• The Curren’s rule states that “an accused person
will not be criminally responsible, if at the time of
committing the act, he did not have the capacity to
regulate his conduct to the requirements of law, as
a result of mental disease or defect”.
• So according to this rule, it was said that during
the time of commission of crime, the individual
may have knowledge that what he was doing was
wrong but he neither had the capacity nor the will
to control (adjust) his act. Therefore such person
should not be held responsible.

8. APPLICATION OF FORENSIC
PSYCHOLOGY
TO CIVIL LEGAL PROCEEDINGS
• Civil proceedings involve disputes
between private parties (Melton et al.,
2007). Many such cases involve
allegations that one party has been injured
by another party (the defendant) and seek
compensation for the damage that was
done.
• Such actions are known as tort or personal
injury cases.

9. Management of property and custody of
his person
• Chapter 6 of MHA 1987 deals with
management of property of mentally ill
person.
• If a mentally ill person is incapable of
taking care of himself, the District Court or
the Collector of the district may appoint
any suitable person to be his guardian

10. • The district Court may appoint any suitable
person to be manager for the property
belonging to mentally ill person and to
supervise the same. The Court may grant
the manager the necessary power and
may order the sale of property for the
payment of his debts and expenses.

11. Consent
• According to section 90 of IPC, consent given
by a person suffering from mental illness or of
unsound mind, becomes invalid.
• It is because the person, by reason of
unsoundness of mind, is unable to
understand the nature and consequences of
the act to which he gives consent.
• Similarly consent given by mentally ill female
to the act of sexual intercourse becomes
invalid and the act amounts to rape (Section
375 of IPC).

12. Business contract
• As per Indian Contract Act 1872, a contract
becomes invalid, if at the time of doing such
contract or making such contract, one of the
parties was mentally ill. It is stated that by
reason of unsoundness of mind, the person is
incapable of understanding the nature and
consequences of the contract. The mentally
ill person is unable to form a rational
judgment as to its effect up on his interests.
• Mental illness developing after contract does
not make it invalid unless performance of
service becomes impossible.

13. Evidence
• A mentally ill person is not considered as incompetent
to give evidence, unless he is prevented by his mental
illness from understanding the questions put to him
and giving rational answers to them.
• In other words, a person suffering from mental illness
can testify however, he should be able to understand
the questions properly and answers them reasonably
and accordingly. If the said mentally ill person is
unable to understand the questions asked and answer
them properly, the Court can consider him
incompetent for evidence.
• A person suffering from mental illness but is in lucid
interval is competent to give evidence.

14. Guardianship
• A mentally ill person cannot be act as a
legal guardian of a minor.

15. Transfer of property
• According to the Transfer of Property Act
1882, only persons competent to contract
are authorized to transfer property. In other
words, person suffering from mental
illness is not competent to transfer the
property.

16. Adoption
• According to the Hindu Adoptions and
Maintenance Act 1956, any Hindu male,
who is of sound mind and is not minor, can
adopt a child with consent of his wife
provided that his wife is of sound mind
• Any Hindu female, who is of sound mind
and is not minor and is not married, can
adopt a child.