Forensic psychiatry is a subspecialty of psychiatry that explores the intersection between mental disorders and law, including topics such as criminal responsibility and civil rights of the mentally ill. It examines how mental illnesses can impact criminal actions, referencing various legal standards like the M'Naghten Rule and tests to assess criminal responsibility. Laws governing psychiatric disorders in India outline the treatment, civil rights, and legal implications for individuals with mental illnesses.

1. FORENSIC
PSYCHIATRY
Pooja dhimaan
Tutor
Laksmi bai batra college of nursing
New Delhi

2. DEFINITION:
• Forensic Psychiatry is a subspecialty of psychiatry and is
to criminology. It encompasses the interface between Law and
Psychiatry.
• It is the branch of medicine that deals with disorders of the
mind and their relation to legal principles.

3. CONTINUE….
• The basic forensic psychiatry includes:
1. Crime and psychiatric disorders
2. Criminal responsibility
3. Civil responsibility
4. Laws relating to psychiatric disorders
5. Admission procedures of patients in a psychiatric hospital
6. Civil rights of the mentally ill
7. Psychiatrists and the court

4. Crime and Psychiatric Disorders
• There are close associations between crime and psychiatric disorders like schizophrenia, affective
disorders, epilepsy, personality disorder particularly antisocial personality, and drug dependence
disorders.
• Mentally ill people may commit offence because:
1. They do not understand the implication of their behavior.
2. Due to delusions and hallucinations
3. Abnormal mental states like confusion, excitement etc.
4. Drug related violence.
Criminal Responsibility
According to section 84 of the Indian penal code of 1860 “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’.
Criteria used to determine criminal responsibility:
• M’naghten’s rule

5. • The irresistible impulse test
• The Durham test/Product rule
• American law institute
M’Naghten’s rule
The rule states that the individual at the time of the crime did not know the nature and quality of the act and if he
did know what he was doing, he did not comprehended it to be wrong. These rules are referred to as the nature
and quality rule and right from wrong test.
Origin of the rule: Daniel Mc Naughten was a 29 year old, son of a Glasgow wood-turner, a man of 'gloomy and
reserved social habits' which included membership of religious groups and the Tory party. He decided to murder
Sir Robert Peel, the Prime Minister. He made elaborate plans and travelled to London, but in fact mistakenly shot
and killed Edward Drummond, Peel's private secretary, in daylight in front of numerous witnesses on 20th
January,1843.
• During the trial, Mc Naughten himself admitted that "they have accused me of crimes of which I am not guilty,
they do everything to harass and prosecute me, in fact they wish to murder me. I was driven to desperation by
persecution".
• Mc Naughten knew what he was doing and was aware that he was committing a criminal act but felt compelled
to do so, an act he performed with cool deliberation

6. Psychiatrists were called and it was accepted:
• That his delusions were real.
• That the act was committed under a delusion.
• McNaughton was found "not guilty on the grounds of insanity". He himself was sent to Bethlehem and later
Broadmoor asylum where he died in 1865.
• In McNaughton's case the Lord Chancellor put to a panel of His Majesty's Judges five questions designed to
clarify the legal position. Their replies given on 19th June 1843, constitute the so- called 'McNaughton rules'.
The following contain the main points of the McNaughton's rules:
• Every man is to be presumed to be sane, until the contrary be proved.
• An insane person is punishable, if he knew at the time of committing such a crime that he was acting
contrary to law.
Irresistible Impulse Act
• Acc. To this rule, a person may have known an act was illegal but as a result of mental impairment lost
control of their actions.

7. Durham’s Rule/Product Rule
• An accused is not criminally responsible if his unlawful act was the product of mental disease/defect.
• In this, the casual connection between the mental abnormality and the alleged crime should be established.
• This rule is also known as "Product Rule".
American Law Institute(ALI) Test
▣ “A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or
defect he lacks adequate capacity either to appreciate the criminality of his conduct or to conform his conduct
to the requirements of the Law”.
▣ The ALI Test is similar to the combination of the McNaughton rule and the Irresistible Impulse Test. This rule
excludes psychopaths. This popular test is now used by all courts in the USA.

8. Civil Responsbilities of a Mentally Ill Person
Management of property: The court may on an application from any relative direct an inquiry to ascertain
weather a person is of unsound mind and incapable of managing his property.
In such a case a manager is appointed by the court of law to take care of his property, which may include sale or
disposal of the property to settle his debts/expenses.
Marriage: as per the Hindu Marriage Act(1955), marriage between any two individuals one of whom was of
unsound mind at the time of marriage is considered null and void in the eyes of the law.
Unsoundness of mind for a continuous period can be sighted as a ground for obtaining divorce.
The other party can file for divorce when lunacy continues for a period of more than 2 years after marriage.
However if divorce is filled after a 3 year period, divorce is granted with a precondition that the other party has
to pay maintenance charges for the mentally ill person.
Testamentary Capacity: As per the Indian Succession Act, testamentary capacity of the mental ability of a
person is a pre-condition foe making a valid will. The testator must be a major, free from coercion,
understanding and displaying soundness of mind.
At times doctors and nurses are called upon to witness the will of an ailing person. Under such circumstances
the doctor tests the testator orientation, concentration, and memory,
A person affected by delusional disorder can also make a valid will, if those delusions are not related to the
disposal of the property.

9. Right to Vote: A person of unsound mind cannot contest for elections or exercise the privilege of voting.
In conclusion, nursing practice must confirm to pre- set legal standards and continuously reorient itself to the
ever evolving legal standards. It is only the motivated and capable nurse who can incorporate legal knowledge
while dispensing patient care, and it is to her that many patients will turn for information and care.
Laws Relating To Psychiatric Disorders
Laws Relating To Psychiatry In India:
▣ The Care and Treatment Legislation (Mental Health Legislations)
▣ Criminal Responsibilities Formulation (Criminal Laws)
▣ Civil Status Provisions (Civil Laws)
Mental Health Relating Legislation:
▣ Mental Health Act 1987
▣ Persons with Disabilities Act 1996
▣ Rehabilitation Council of India Act 1992
▣ Juvenile Justice Act 1986
▣ Consumer Protection Act 1986

10. Civil Laws Relating To Mental Ill Persons:
▣ Indian Evidence Act 1925, Sec. 118
▣ Law of Contract Sec. 6, 11 and 12
▣ Right to Vote and Stand for Election - Act 326, 102 of the Constitution of India
▣ Law of Torts
▣ Testamentary Capacity- Indian Succession Act 1925, Sec. 59
▣ Marriage and Mental Health Legislation
Indian Divorce Act 1869
Parsi Marriage + Divorce Act 1936
Dissolution of Muslim Marriage Act 1939
The Special Marriage Act 1954
The Hindu Marriage Act 1955, 1976
The Family Court Act 1984
Civil Laws Relating To Psychiatry:
• Provisions as to Accused Persons of Unsound Mind Secs. 328 - 339 Cr. Pc. 1973
• Criminal Responsibility Sec. 84 IPC - 1860
• Attempt to Commit Suicide Sec.309 IPC
• Right to Private Defense Against an Insane Person Sec.98 IPC
• Unnatural Offences Sec. 377 IPC (Sexual Perversions)
• Affrays (Sec.159 In Mania)
• Misconduct in Public under Intoxication (e.g. Alcohol Defense Sec.510 IPC)
• NDPS Act 1985(Amended 1988)

11. SUICIDE AND INDIAN LAW:
1. Suicide is the only criminal act for which a person is punished if he fails in the attempt to do so.
2. “No person shall be deprived of his life” Act 21 constitution of India
3. Sec.309 / IPC- attempt to commit suicide punishable
4. 1994 - S.C. Judgment - Sec. 309 was declared void
5. Sec.306 - abetment of suicide an offence
6. No specific laws for assisted suicide and euthanasia
Admission procedures of patients in a psychiatric hospital
Civil Rights of the Mentally Ill
A person who is supposed to look after the mentally ill person and who does not take proper care and shows cruelty, may
be summoned by the court, on receipt of such an information either from the police or public.
Stringent punishment has also been provided for those who subject the mentally ill to physical and mental indignity while
in hospital.
It has also been stated that the mentally ill person will not be used in research except after obtaining proper consent from
him and any communication or correspondence in any form shall not usually be censored or intercepted.

12. Psychiatrists and the Court
Psychiatry has become established as a medical specialty and psychiatrists now have achieved the status of
expert for the purpose of assisting the law in performing its role.
Based on a plea of insanity a psychiatrist can give evidence convincing a judge that the crimes were
committed as a result of his mental illness.