abstract

A person's mental health is an important factor in determining whether they are not criminally liable. Even when a defendant is found guilty of the conduct, they may still be partly free from criminal responsibility and get a reduced or special sentence based on mental health grounds if they are deemed sufficiently sick. Possible results include re-entry into the system, sectioning, or discharge for mental health issues. In most circumstances, forensic assessments of the accused's disability or condition are conducted by psychologists or psychiatrists to determine whether a mental health exemption is necessary. All citizens have the same position under the law and government and are obliged to uphold these principles without exception, as stated in Article 27, Paragraph (1) of the Republic of India Constitution of 1945. As a result, all individuals are treated as equals in the eyes of the law in India. When considering the context of criminal law, however, it becomes clear that this objective is not easily attainable. Criminal legal practice, with a focus on offenders suffering from mental illness. Given this, research into the criminal responsibility of criminals with mental problems under Indian law is urgently required. Crime and Punishment Theory, Theory of Justice, and Theory of Criminal Responsibility are the guiding theories. Both the victims and the perpetrators of crimes committed by people with mental disorders face legal uncertainty due to the lack of regulations regarding the limitations of mental disorders. This is despite the fact that Article 44 paragraph (1) of the Criminal Code and the Mental Health Law address criminal liability by offenders with mental disorders.