The document discusses various types of automatism as a legal defense. It defines automatism as unconscious and involuntary behavior, where the defendant was unaware of their actions. It describes two categories of automatism - sane automatism and insane automatism. Sane automatism refers to unconscious behavior resulting from an external cause like epilepsy, sleepwalking, or head injuries. Insane automatism involves unconscious behavior caused by internal mental disorders like schizophrenia or bipolar disorder. The document provides examples of circumstances that could support automatism as a legal defense, such as sleepwalking or bee swarm attacks.

1. Automatism : Sane & Insane
(Law)
Law & Psychiatry in India: An Overview

2. Actus Reus And Mens Rea

3. Automatism
• Automatism may refer to:
• Automatic behaviour, spontaneous verbal or motor behaviour;
an act performed unconsciously.
• Automatism (law), a defence to liability.
• Automatism (toxicology), when an individual repeatedly
takes a medication because the individual forgets previous
doses, potentially leading to a drug overdose.
• Automatic writing, the process, or product, of writing
material that does not come from the conscious thoughts of the
writer.
• Surrealist automatism, an art technique.
• Automatism (medicine), repetitive unconscious gestures such
as lip smacking, chewing, or swallowing in certain types of
epilepsy

4. Automatism (law)

5. Automatism (toxicology)

6. Surrealist Automatism
• Surrealist automatism is a method of art
making in which the artist suppresses
conscious control over the making process,
allowing the unconscious mind to have great
sway.

7. Surrealist Automatism

8. Automatism (law)
• Automatism is a rarely used criminal defence.
It is one of the mental condition defences that
relate to the mental state of the defendant.
• Automatism means that the defendant was not
aware of his or her actions when making the
particular movements that constituted the
illegal act.
• For example, Esther Griggs in 1858 threw her
child out of a first floor window believing that the
house was on fire, while having a sleep terror.

9. Automatism (law)

10. Automatism (medicine)
• Automatism refers to a set of brief unconscious
behaviours.
• These typically last for several seconds to minutes
or sometimes longer, a time during which the
subject is unaware of his/her actions.
• This type of automatic behaviour often occurs
in certain types of epilepsy, such as complex
partial seizures in those with temporal lobe
epilepsy, or as a side effect of certain
medications, such as zolpidem.

11. Automatism (medicine)

12. Automatism (toxicology)
• Automatism, in toxicology, refers to a tendency to
take a drug over and over again, forgetting each
time that one has already taken the dose. This can
lead to a cumulative overdose.
• A particular example is barbiturates which were
once commonly used as hypnotic (sleep inducing)
drugs. Among the current hypnotics,
benzodiazepines, especially midazolam might show
marked automatism, possibly through their intrinsic
anterograde amnesia effect.

13. Automatism (toxicology)

14. Automatism (toxicology)
• Barbiturates are known to induce
hyperalgesia, i.e. aggravation of pain and
for sleeplessness due to pain, if barbiturates
are used, more pain and more disorientation
would follow leading to drug automation and
finally a "pseudo "suicide.

15. The Automatism Defence
• The automatism defence is a claim that
physiological or environmental factors caused
the defendant to commit criminal actions
involuntarily, thus without criminal intent.
• With the exception of liability without fault,
which requires only actus reus, a crime
requires two elements, actus reus and mens
rea.

16. The Automatism Defence

17. The Automatism Defence

18. The Automatism Defence
• While most criminal defences attempt to
excuse, justify or exculpate the defendant's
criminal guilt by addressing mens rea, the
automatism defence is different in that it
attempts to prove that the defendant did not
actually commit actus reus.

19. The Automatism Defence

20. The Automatism Defence
• Automatism can therefore apply to both
conventional cases and cases of strict liability &
vicarious liability.
• If the defendant is found to have been acting as
an automaton ("a machine that moves") when
the crime was committed, that is, totally
unconsciously and involuntarily, then he
cannot be said to have been "acting" at all, in a
legal sense. And without actus reus, the defendant
cannot be held criminally liable for his actions.

21. Actus Reus & Mens Rea.

22. The Automatism Defence
• Automatism is a very particular circumstance,
and difficult to prove in trial.
Unconsciousness and involuntary action might
be caused by a great many factors, including
heavy intoxication, sleep, hypnosis and the
like.
• However, automatism in the sense of a valid
legal defence cannot usually hold if the
unconscious, involuntary state was the
result of voluntary actions

23. The Automatism Defence

24. The Automatism Defence
• For example, a driver who falls asleep at the
wheel and hits a pedestrian probably cannot
successfully claim automatism, because it is
presumed that he should have been aware
that he was growing sleepy and pulled over
to rest. He will probably be found guilty by
virtue of recklessness.

25. The Automatism Defence

26. The Automatism Defence
• The unconscious state must have been completely
unforeseen and uncontrollable, as in the case of
hypoglycaemia, which can cause involuntary and
uncontrollable movements in its victims.
• However, again, if the diabetic is found to have eaten
irregularly or consumed alcohol, actions which are known
to bring on attack of hypoglycaemia, then the automatism
defence will probably be denied.
• Likewise, if a diabetic suffers an unexpected attack of
hypoglycaemia while driving and is involved in an
accident, the automatism defence may be denied because
the diabetic should not have been driving unassisted,
considering the dangerous nature of his condition.

27. hypoglycaemia, which can cause involuntary and
uncontrollable movements in its victims

28. The McNaughton Rules
• Prior to the McNaughton Rules, there was no
clear set way of dealing with the insane in the
court room. In 1843, a man named Daniel
McNaughton attempted an assassination on the
Prime Minister, and accidentally shot the
secretary of the Prime Minister.
• McNaughton suffered from what might be
considered today as paranoia and delusions of
prosecution. He believed the government was out
to get him.

29. The McNaughton Rules

30. The McNaughton Rules
• After a lengthy trial, McNaughton was
acquitted of his actions because he was deemed
“insane.” Thus, he was not held accountable
for his actions.
• This ruling outraged the public, and provoked a
redefinition of what “insanity” was.
• Therefore, the House of Lords met, and
established the main idea that posed as the
question, “did the defendant know what he was
doing, or, if so, that it was wrong?”

31. The McNaughton Rules

32. Automatism Law
and Legal Definition
• Automatism is an act done by a person who is
not conscious of what s/he is doing.
• It can be an act done by the muscles without
any control by the mind, such as a spasm, a
reflex action or a convulsion; or an act done by a
person who is not conscious of what s/he is doing,
such as an act done whilst suffering from
concussion or while sleep-walking.
• Absence of volition in respect of the act
involved is always a defence to a crime.

33. Automatism

34. Automatism Law
and Legal Definition
• The defence of automatism also bears on the
voluntariness of a defendant's actions.
• When the automatistic condition arises from
a disease of the mind that has rendered the
accused insane, then the accused is not
entitled to a full acquittal, but to a verdict of
insanity. The condition in that instance is
referred to as insane automatism.

35. Automatism Law
& Legal Definition
• Automatism has been defined as the existence in any
person of behaviour of which he is unaware and
over which he has no conscious control.
• Automatism is behaviour performed in a state of mental
unconsciousness apparently occurring without will,
purpose, or reasoned intention.
• Automatism connotes the state of a person who,
though capable of action, is not conscious of what he
is doing. Automatism manifests itself in a range of
conduct, including somnambulism (sleepwalking),
hypnotic states, fugues, metabolic disorders, and
epilepsy and other convulsions or reflexes

36. somnambulism (sleepwalking)

37. Sane And Insane Automatism
The Defence Of Sane Automatism
• THE Defence Of Sane Automatism Is Rare And Indicates
The Person Involved Was Not Conscious Of What He Was
Doing,
• It Describes Unconscious Involuntary Behaviour And It
Has Led To Some Defendants Being Acquitted Of Offences
In Other Countries,
• The Mind Is Not Aware Of What Is Being Done And There Is
A Total Loss Of Control Involved,
• Sane Automatism Also Can Refer To Someone Who
Commits An Action During An Epileptic Fit Or When
Sleepwalking For Instance.
• There Is Also A Defence Of Insane Automatism Where
There Is A Complete Loss Of Control Caused By A Disease
Of The Mind. In Some Cases This Defence Has Led To A
Complete Acquittal.

38. The Defence Of Sane Automatism

39. Sane And Insane Automatism
• The defence of non-insane automatism, if successfully
pleaded, acts as a complete defence absolving the defendant of all
criminal liability. It differs from the defence of insane automatism
in that there is no power to detain in a mental hospital neither may
any other order be made against the defendant. The defence of non-
insane automatism exists where a person commits a crime in
circumstances where their actions can be said to be involuntary. This
could be where for example an involuntary natural reaction occurs
such as sneezing or being chased by a swarm of bees.
• A finding of non-insane automatism may also exist where the
defendant is not conscious of their actions due to an external factor
often as a result of medication. The essential difference between
insane and non-insane automatism is that for insane automatism
the defect of reason must be caused by an internal factor whereas for
non-insane automatism the involuntary action must be caused by
an external factor.

40. Sane And Insane Automatism

41. Insane Automatism
• When should a person not be criminally liable
because of their mental condition at the time
they committed an alleged offence? This is the
question posed by what is called the defence of
“insanity”.
• Similarly, a person might not be criminally liable
because they lacked conscious control of their
actions at the time of committing the alleged
offence for a reason other than their mental
condition. This might amount to a defence of
“sane automatism” under the current law

42. Insane Automatism

43. Insane Automatism
Insanity
• A successful defence of insanity results in a special
verdict of ‘not guilty by reason of insanity’. However,
the defendant can still be detained in a secure hospital.
• ‘Insanity’ is used in this context as a legal term and not a
medical term. There is considerable difference between the
medical and legal definitions of insanity.
• Many defendants have been reluctant to use the defence of
insanity and have unsuccessfully tried to use the defence of
automatism.
• The defence of insanity is governed by the M’Naghten
Rules (1843). These rules were formulated by the House of
Lords due to the media and public outcry after the ‘not
guilty due to insanity’ verdict was reached in M’Naghten
(1843).

44. Insane Automatism

45. Insane Automatism
• Under the M’Naghten rules there are four elements.
• First, everyone is presumed sane until the contrary is proved. In
other words, the defence has to prove the defendant was insane.
• Second, there must have been a defect of reason through which
the defendant must have been totally deprived of his power to
reason.
• Third, this defect of reason must have came from a disease of
the mind that impaired the defendant’s mental function,
• The term ‘disease of the mind’ is a legal and not a medical term.
Whether someone was suffering from a disease of the mind is a
question of law and therefore the judge and not the jury decides.
• Last, the defendant must either not have known what he was
doing or, if he did know, he did not know that it was wrong.

46. Insane Automatism

47. Insane Automatism
• Under the Criminal Procedure (Unfitness to Plead)
Act 1991, a judge has discretion to make a number
of different orders in respect of a defendant who
successful pleads insanity. These are:
• to order that the defendant be admitted to a secure
hospital (this must be the case if the charge was
murder)
• to make a guardianship order under the Mental
Health Act 1983;
• to make a supervision and treatment order; or
• to order an absolute discharge.

48. Insane Automatism

49. Two Categories

50. Non Insane Automatism

51. Delusional Disorder
• Delusional disorder refers to a condition in which an
individual displays one or more delusions for one
month or longer.
• There are several different types of delusional
disorders, and each type captures a particular theme
within a person's delusions.
• Erotomanic: An individual believes that a person,
usually of higher social standing, is in love with him or
her.
• Grandiose: An individual believes that he or she has
some great but unrecognized talent or insight, a special
identity, knowledge, power, self-worth, or relationship
with someone famous or with God.

52. Delusional Disorder

53. Delusional Disorder
• Jealous: An individual believes that his or her partner has
been unfaithful.
• Persecutory: An individual believes that he or she is being
cheated, spied on, drugged, followed, slandered, or
somehow mistreated.
• Somatic: An individual believes that he or she is
experiencing physical sensations or bodily dysfunctions,
such as foul odours or insects crawling on or under the skin,
or is suffering from a general medical condition or defect.
• Mixed: An individual exhibits delusions that are
characterized by more than one of the above types, but no
one theme dominates.
• Unspecified: An individual's delusions do not fall into the
described categories or cannot be clearly determined.

54. Delusional Disorder

55. Insane Automatism
Bipolar Disorder & Schizophrenia
• Bipolar Disorder
• Bipolar disorder, also known as manic-depressive
illness, is a brain disorder that causes unusual shifts
in mood, energy, activity levels, and the ability to
carry out day-to-day tasks.
• Schizophrenia is a mental disorder that usually appears
in late adolescence or early adulthood. Characterized by
delusions, hallucinations, and other cognitive
difficulties, schizophrenia can often be a lifelong
struggle.

56. Bipolar Disorder

57. Schizophrenia

58. Post-Traumatic Stress Disorder
• PTSD is a disorder that develops in some people who
have experienced a shocking, scary, or dangerous event.
• It is natural to feel afraid during and after a traumatic
situation. Fear triggers many split-second changes in the
body to help defend against danger or to avoid it.
• This “fight-or-flight” response is a typical reaction
meant to protect a person from harm. Nearly everyone
will experience a range of reactions after trauma, yet
most people recover from initial symptoms naturally.
Those who continue to experience problems may be
diagnosed with PTSD. People who have PTSD may feel
stressed or frightened even when they are not in danger.

59. Post-Traumatic Stress Disorder

60. Non-Insane Automatism
Head Injury
• In closed head injury, damage occurs
because the person receives a blow to the
head that whips the head forward and back
or from side to side (as in a car crash),
causing the brain to collide at high velocity
with the bony skull in which it is housed.

61. Head Injury

62. Non-Insane Automatism
Bee Swarms Attack
• A bee swarm, as intimidating as it may appear, is a
natural reproduction of colony, according to the American Bee
Journal.
• Swarms occur when a new queen bee is produced and the colony is
searching for a new hive.
• Swarm behaviour can be unpredictable. A swarm of up to 20,000 bees
followed a car in England after its queen was believed to be trapped in the
trunk.
• These bee swarms, which can appear like a dissipating black cloud, can
be found virtually everywhere
• Similar to the behaviour of other insects and other animals, when bees
attack, they are protecting their territory and their queen.
• Generally, bees are misconceived as aggressive insects, when, in fact,
they attack only when they feel they need to defend their nest, Hoffman
said.

63. Bee Swarms Attack

64. Non-Insane Automatism
• A bee-swarm attack can be deadly even when
someone is not allergic.
• The most important thing to do when
encountering a bee swarm is not to panic, bee
experts said.
• Often, deaths are caused not from the bee stings
but from people panicking — for
example, accidentally running in front of a car or
staying underwater too long to avoid a swarm
and drowning,

65. Non-Insane Automatism
Sleepwalking
• Sleepwalking, also known as somnambulism or
noctambulism, is a phenomenon of combined sleep and
wakefulness. It is classified as a sleep disorder belonging
to the parasomnia family.
• Sleepwalking, formally known as somnambulism, is a
behaviour disorder that originates during deep sleep and
results in walking or performing other complex
behaviours while asleep.
• It is much more common in children than adults and is more
likely to occur if a person is sleep deprived. Because a
sleepwalker typically remains in deep sleep throughout the
episode, he or she may be difficult to awaken and will
probably not remember the sleepwalking incident.

66. Sleepwalking

67. Non-Insane Automatism
• Sleepwalking usually involves more than just
walking during sleep; it is a series of complex
behaviours that are carried out while sleeping, the
most obvious of which is walking. Symptoms of
sleepwalking disorder range from simply sitting up in
bed and looking around, to walking around the room or
house, to leaving the house and even driving long
distances.
• It is a common misconception that a sleepwalker
should not be awakened. In fact, it can be quite
dangerous not to wake a sleepwalker.

68. Non-Insane Automatism

69. Non-Insane Automatism
• The prevalence of sleepwalking in the general population is
estimated to be between 1% and 15%. The onset or
persistence of sleepwalking in adulthood is common, and is
usually not associated with any significant underlying
psychiatric or psychological problems. Common triggers
for sleepwalking include sleep deprivation, sedative agents
(including alcohol), febrile illnesses, and certain
medications.
• The prevalence of sleepwalking is much higher for
children, especially those between the ages of three and
seven, and occurs more often in children with sleep
apnea.
• There is also a higher instance of sleepwalking among
children who experience bedwetting. Sleep terrors are a
related disorder and both tend to run in families.

70. Non-Insane Automatism
• Sleepwalkers and other people who have
parasomnias, or involuntary behaviours they
act out while sleeping, are usually harmless.
But parasomnias occasionally lead to reckless
actions, self-injury, and even violence against
others. Enter the "sleepwalking defence," a legal
argument that a criminal defendant isn't culpable
because he or she acted while in a sleep like state,
without consciousness or intent to commit a
crime. Here are seven historic criminal cases in
which the sleepwalking defence was invoked,
sometimes successfully, sometimes not.

71. "sleepwalking defence"

72. Non-Insane Automatism
• Sneezing while driving not only has a history of
causing car accidents, but it has a history of causing
FATAL car accidents. ... Proving the accident was
caused by some type of distracted driving such as
sneezing or texting can be hard. But that doesn't
mean it's impossible.
• More than two million drivers have crashed
because they sneezed at the wheel, a study has
revealed.
• About a third of adults say driving is the worst
time to sneeze, with seven per cent suffering a
road accident as a result.

73. Non-Insane Automatism

74. Non-Insane Automatism
• Hypnosis is a state of human consciousness
involving focused attention and reduced
peripheral awareness and an enhanced
capacity to respond to suggestion.
• The term may also refer to an art, skill, or act
of inducing hypnosis.

75. Hypnosis

76. Non-Insane Automatism
• The traditional view of the hypnotized person as someone in a
state of automatism, possessed of transcendent powers, is still
popular among the general public.
• This has obvious implications for legal issues concerning
possible coercion through hypnosis and the use of hypnosis for
interviewing witnesses.
• However, it is now the opinion of most researchers that hypnosis
does not induce a state of automatism, and caution should be
exercised when employing hypnotic procedures to facilitate
memory.
• It is concluded that better progress will be made in countering
public misconceptions about hypnosis, and in benefiting from
research on the applications of hypnotic interviewing
procedures, if more effort is made to use concepts and
terminology that relate hypnotic phenomena to everyday
behaviour and experience.

77. Fraudsters use hypnosis for cash
theft

78. Drug Automatism, Barbiturate
Poisoning
• Automatism, in toxicology, refers to a tendency to take a drug
over and over again, forgetting each time that one has already
taken the dose. This can lead to a cumulative overdose. A
particular example is barbiturates which were once commonly
used as hypnotic (sleep inducing) drugs.
• Among the current hypnotics, benzodiazepines, especially
midazolam might show marked automatism, possibly through
their intrinsic anterograde amnesia effect.
• Barbiturates are known to induce hyperalgesia, i.e. aggravation of
pain and for sleeplessness due to pain, if barbiturates are used, more
pain and more disorientation would follow leading to drug
automation and finally a "pseudo "suicide. Such reports dominated
the medical literature of 1960s and 1970s; a reason replacing the
barbiturates with benzodiazepines when they became available.

79. Drug Automatism, Barbiturate
Poisoning

80. Drug Automatism, Barbiturate
Poisoning
• A barbiturate is a drug that acts as a central nervous
system depressant, and can therefore produce a wide
spectrum of effects, from mild sedation to total
anesthesia. They are also effective as anxiolytics,
hypnotics, and anticonvulsants.
• Barbiturates have addiction potential, both physical and
psychological. They have largely been replaced by
benzodiazepines in routine medical practice, particularly in
the treatment of anxiety and insomnia, due to the
significantly lower risk of overdose and the lack of an
antidote for barbiturate overdose.
• Despite this, barbiturates are still in use for various
purposes: in general anesthesia, epilepsy, treatment of
acute migraines or cluster headaches, euthanasia, capital
punishment, and assisted suicide.

81. Drug Automatism, Barbiturate
Poisoning

82. Drug Automatism, Barbiturate
Poisoning
• Although barbiturates have largely been
replaced, both medically and recreationally, by
benzodiazepines, barbiturate toxicity still
occurs.
• Clinicians need to be aware not only of the
effects of barbiturates alone, but of
compound drugs that include barbiturates
and barbiturates taken together with
alcohol or other synergistic sedatives

83. Diabetes and Criminal
Responsibility
Diabetes and Criminal Responsibility
• Diabetes is a common chronic condition affecting millions of people in
the world.
• Untreated diabetes is characterized by high blood sugar (hyperglycaemia),
but diabetics on drug treatment can suffer low blood sugar (hypoglycaemia)
which causes effects superficially similar to alcohol intoxication.
Hyperglycaemia can cause similar mental impairment but to a lesser
degree and with a much slower onset, so it is of much lesser forensic
importance. There have been numerous reported cases of people being
arrested for drink driving or public order offences whilst suffering
hypoglycaemia, and there have been deaths of people arrested by the
police where their condition was not recognized by the arresting
officers,

84. Diabetes and Criminal
Responsibility

85. Diabetes and Criminal
Responsibility
Diabetes and motoring offences
• One of the main issues which can be affected by
diabetes is dangerous driving. Accordingly drivers
who are affected by diabetes must adhere to
certain conditions.
• Diabetic motorists who must notify their
condition and who are prohibited from driving
Heavy Goods Vehicles (HGV’s). Furthermore,
in order to reach the required visual standards
all diabetic drivers of cars and motorcycles
must recognise the symptoms of
hypoglycaemia.

86. Diabetes And Motoring Offences

87. Diabetes and Criminal
Responsibility
• Most motoring accidents caused by drivers suffering
with hypoglycaemia
• The risk of hypoglycaemia – low blood sugar – is the main
hazard to safe driving.
• The main reason for this is that it may endanger the life of
the individual suffering from hypoglycaemia as well of the
lives of the other road users.
• Many accidents on the roads caused by hypoglycaemia
happen due to the driver continuing to drive even
though they are experiencing warning signs of
hypoglycaemia. If an individual starts to experience
warning signs of hypoglycaemia whilst driving they
must always stop as soon as is safely possible – if they do
not it can often be fatal.

88. Diabetes and Criminal
Responsibility

89. Drug Automatism, Barbiturate
Poisoning
Concussion
• A brain injury caused by a blow to the head or a violent shaking of the head
and body.
• A concussion is a mild traumatic brain injury caused by a blow or "ding" to the
head. Common in falls, sports, and car crashes, concussions can temporarily affect
the brain, causing confusion and problems with memory, speech, vision, or balance.
• The person may appear fine at first but may show symptoms hours or days
later. If left undiagnosed, a concussion may place a person at risk of developing
second-impact syndrome, a potentially fatal injury that occurs when an athlete
sustains a second head injury before a previous head injury has healed. The
best treatment is time to allow the brain to heal.
During the impact of an accident, the brain bounces back and forth inside the
skull. This can cause bruising, bleeding, and tearing . Immediately after the
accident, the person may be confused, not remember what happened or have
nausea, blurry vision, or dizziness. The person may appear fine at first but
show symptoms hours or days later. One does not have to lose consciousness to
suffer a concussion.

90. Concussion

91. Epileptic Seizure
• An epileptic seizure, also known as an epileptic fit, is a
brief episode of signs or symptoms due to abnormal
excessive or synchronous neuronal activity in the brain.
• The outward effect can vary from uncontrolled jerking
movement (tonic-clonic seizure) to as subtle as a
momentary loss of awareness (absence seizure). Diseases of
the brain characterized by an enduring predisposition to
generate epileptic seizures are collectively called epilepsy.
• Seizures can also occur in people who do not have
epilepsy for various reasons including brain trauma,
drug use, elevated body temperature, low blood sugar
and low levels of oxygen. Additionally, there are a
number of conditions that look like epileptic seizures but
are not.

92. Epileptic Seizure

93. Epileptic Seizure
Epilepsy and Driving
• Epilepsy and driving is a personal and safety
issue. A person with a seizure disorder that causes
lapses in consciousness may be putting the public
at risk from their operation of a motor vehicle.
Not only can a seizure itself cause an accident,
but anticonvulsants often have side effects that
include drowsiness.
• People with epilepsy are more likely to be
involved in a traffic accident than people who
do not have the condition, although reports
range from minimally more likely up to seven
times more likely.

94. Epileptic Seizure

95. Epileptic Seizure
• It is for this reason that most people diagnosed with
epilepsy are prohibited or restricted by their local laws from
operating vehicles. However, most places have exceptions
built into their laws for those who can prove that they have
stabilized their condition.
• Individuals who may be exempt from such restrictions
or may have fewer restrictions include those who
suffered seizures as a result of a medical condition that
has been cured, from a physician's experimental
medication change that failed, as an isolated incident,
whose seizures occur only while asleep, or who may be
able to predict their seizures in order to ensure that they
do not lose consciousness behind the wheel of a moving
vehicle. After having one during the day they must wait
180 days to get their license back.

96. Epileptic Seizure

97. Indian Law on defence of insanity
• Insanity as a defence under the Indian Criminal law is provided under
section 84 of the Indian Penal Code. The term ‘insanity’ however is not
used under this provision. The Indian Penal Code uses the phrase
‘unsoundness of mind’. Under the code the defence of insanity or
which can be also called as the defence of unsoundness of mind, derives
its source from the M’Naghten’s Rule.
• Section 84 of Indian Penal Code provides for an act of a person of unsound
mind:
• ‘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
• It is important to note, however, that instead of the word ‘insanity’ the
makers of the code have preferred the expression ‘unsoundness of
mind.’ This has been deliberately done. ‘Insanity’ has a very limited
scope whereas ‘Unsoundness of mind’ covers a much wide area. Any
kind of mental derangement caused by any reason whatever may be
unsoundness of mind but the same may not be insanity always.

98. Indian Law On Defence Of Insanity

99. Indian Law On Defence Of Insanity
• Following elements are to be established for
this defence:
• 1. The accused was in a state of unsoundness
of mind at the time of doing the act.
• 2. He was incapable of knowing the nature of
the act or that he was doing what was either
wrong or contrary to law

100. Indian Law On Defence Of Insanity

101. Defence of Automatism
• The Indian Penal Code has not expressly recognized the
concept of voluntariness and its subset of automatism.
• Thus the researcher suggests that the Parliament shall
introduce legislative amendments to the Indian Penal
Code, with an objective of expressly incorporating the
basic principle of the criminal law, that a person is not
guilty of a crime unless his or her conduct was
voluntary. Based on this the legislation would need to
define an ‘act’ as meaning willed conduct and shall
amend the section 33 of the Indian Penal Code 14
• It would also need to add volitional incapacity to the
cognitive ones presently mentioned in the defence of
unsoundness of mind under Section 84, and of intoxication
under Section 85.

102. Defence of Automatism

103. Conclusion
• Thus the researcher intends to conclude by
saying that , in order to mold the age old
M’Naghten’s rule to suit the modern day
scientific study of human mind and its
functioning, it shall be modified and amended
to incorporate the conceptions of volitional and
emotional aspects of the mind, because
according to the modern psychology and
psychiatry the mind cannot be split up into water
tight, unrelated and autonomously functioning
compartments.

104. Conclusion

105. Conclusion
• The mind and body are one unit in which each part
influences, and is influenced by the whole. Every case of
insanity of mind cannot therefore be fitted into the straight
jacket formula of the legal definition prescribed in the
M’Naghten’s Case.
• Thus it can be said that there is a great need to modify
and rectify the M’Naghten’s Rule. With regards to the
defence of the unsoundness of mind under the Indian
Penal Code it can be said that there is a need to amend
the law as specified under the Section 84 of the Code.
The researcher thus suggests some changes which shall
be incorporated under Section 84 to make it stand on a
parallel footing with the law of insanity defence as it is
under the English criminal law system.

107. References
• Drug Automatism, Barbiturate Poisoning, and Suicide Behavior
• https://jamanetwork.com/journals/jamapsychiatry/article-
abstract/491191?redirect=true
• Defence of Non-Insane Automatism in Criminal Law
• http://e-lawresources.co.uk/Non-insane-automatism.php
• Distinguish between non insane and insane automatism
• https://www.lawteacher.net/free-law-essays/medical-law/distinguish-between-non-
insane-and-insane-automatism-law-essay.php
• Section 84 in The Indian Penal Code
• https://indiankanoon.org/doc/1433889/
• The McNaughton Rules
• http://historyforensicpsych.umwblogs.org/the-insanity-defense-outline-by-
andrew-garofolo/the-mcnaughton-rules/
• The Principle of McNaughton case and its relevance in the Indian penal code
• https://www.linkedin.com/pulse/principle-mcnaughton-case-its-relevance-indian-
penal-code-tripathi/

108. Thanks…