A 28-year-old man with intermittent explosive disorder kills his spouse during a severe rage episode. His lawyer pleads diminished responsibility to reduce the charge from murder to culpable homicide not amounting to murder. Under current Indian law (BNS 2023), how should the court treat this plea?
- A Rejected, because Indian law does not recognize diminished responsibility as a partial defence ✓
- B Accepted, as it reduces the sentence to half the maximum prescribed for murder
- C Accepted, as it reduces murder to culpable homicide not amounting to murder
- D Rejected, unless the accused was also intoxicated at the time of the act
Correct answer: A. Rejected, because Indian law does not recognize diminished responsibility as a partial defence
Explanation
Indian law recognizes only the complete defence of unsoundness of mind under BNS 22. Unlike English law, which has the partial defence of diminishing responsibility reducing murder to manslaughter, India has no such provision. C person is either legally insane and acquitted, or sane and fully convicted of the offence charged. Option C is incorrect because Indian law does not permit reducing murder to culpable homicide based on partial mental impairment alone.
Reference: The Essentials of Forensic Medicine and Toxicology, 35th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
Written and medically reviewed by the StethoPrep medical team.