Mental Illness And Criminal Behaviour: Breaking The Stigma And A Comparative Analysis Of Mental Health Laws Across Jurisdictions

Srinarayani V, BBA LLB (Hons.), VIT School of Law

Dr. Reshma Suresh, Assistant Professor, VIT School of Law

ABSTRACT

The combination of mental health and criminal behaviour has imposed significant challenges for legal systems worldwide. Mentally ill individuals often tend to commit crimes without their knowledge which makes it difficult to prove Mens Rea. They often find themselves entangled in the criminal justice system where traditional methods may not be adequate. Therefore, the mental health laws play an important role in the rehabilitation of such offenders and provide them with restorative justice. While many developed countries have specific laws for mentally ill offenders, other developing countries are figuring it out on a slow pace. The formulation of laws depends on various factors which includes differing societal attitudes, levels of healthcare access, and legal philosophies. This article focuses on providing a comprehensive analysis on breaking the stigma formed around mentally ill individuals and criminal behaviour.