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Do we need a change in approach to mental disorder defence in India?

While mental health conditions are legitimate medical issues necessitating proper care and understanding; some individuals accused of crimes could exploit the conditions to avoid punishment or participating in a probe

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Representational Image. Pic/iStock

Representational Image. Pic/iStock

In India, the issue of criminals evading probes, sentences by claiming mental health conditions—although rare—is concerning since it poses challenges for the justice system and raises apprehensions about the appropriate handling of mental health in criminal cases. While mental health conditions are legitimate medical issues necessitating proper care and understanding; some individuals accused of crimes could exploit the conditions to avoid punishment or participating in a probe.

Earlier this year, Karnataka-based start-up CEO was arrested for killing her son in Goa and her father in March 2024 filed a plea in the court seeking medical reevaluation of her mental condition by a board of doctors under the Mental Healthcare Act.

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