Post-Traumatic Stress Disorder And The M’naghten Rule - Reassessing The Scope Of Insanity Defence In Indian Criminal Law

Neev Agarwal, LLB, Jindal Global Law School, OP Jindal University

ABSTRACT

This paper aims to examine the possibility of inclusion of PTSD, a mental illness first recognized in DSM- III,1 as a defence under Section 22,2 or within the scope of insanity defence. It aims to argue if the episodes of dissociative flashbacks associated with PTSD, could impair the cognitive ability of an individual in a way that aligns with the conditions of the M’Naghten Rule, which is an established rule for the test of insanity in India, to use it as defence. Further, the research would also compare cases in the jurisdiction of the USA, where the aforementioned rule applies and PTSD has been argued as a defence. This comparison will help establish the legal challenges and interpretations of cognitive impairment and control of will, which could suggest ways to increase the scope of Insanity as a defence in India, along with the inclusion of PTSD in the scope.