Drug Addiction vis-a-vis Defense of Insanity in India: A Comparative Study

Abstract

Drug addiction and its relation with mental illness and criminal behaviour has become a universal truth. The countries, who are facing this controversy at a grand level have already taken multiple steps to ensure that this controversy does not spread otherwise it will become uncontrollable issue for both the Government and society at large. Defence of insanity is an immunity given to the criminal who had acted out of mental disorder and had not otherwise committed the offence he has charged with. Similarly the prolonged drug abuse has the same effect on the mental wellbeing of the addict that he become deprived of mental and physical control or assessment of his/her actions. Since drug addiction has become a deep wound in the heart of India and daily there is news of drug overdose deaths and criminal behaviour due to drug dependence, it has become important to completely shift the approach of the government and judiciary while prosecuting/convicting such offenders as they are not in their right mind or body to differentiate between right and wrong. This research paper explore the relation between drug addiction and mental illness in terms of allowing the defence of insanity to drug related offenders. This research paper will also throw light upon the present anti-drug legislation in India and the approach of International fraternities to tackle the menace of drug abuse in an effective manner.