Automatism : Sane & Insane(Law)

Automatism : Sane & Insane(Law)

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. D iabetic 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.

106. 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 /

107. Thanks…