Jiloha Rc

Question 1

Code of Hammurabi

Answer 1

In ancient Babylonia legal system, intention was considered important in judging actions,

Question 2

compos mentis non est

Answer 2

‘not having control in mind and unable to understand consequences of his act),

Question 3

Treatise on the Medical Jurisprudence of Insanity written in 1838 by

Answer 3

Isaac Ray is

Question 4

Mc naughten story

Answer 4

M’Naughten of Scotland claimed “voice of God” had instructed him to kill Mr Robert Peel the then Prime Minister. But mistakenly he killed prime minister’s private secretary. He was declared not guilty by reason of insanity.

Question 5

Definition of forensic psychiatry by American board of forensic psycy

Answer 5

forensic psychiatry is a subspecialty of psychiatry in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, and correctional or legislative matters; forensic psychiatry should be practiced in accordance with guidelines and ethical principles enunciated by the profession of psychiatry.”2

Question 6

Mens rea,

Answer 6

a Latin word used for guilty mind, is the mental element consist of:
zz An intent of committing a crime
zz Knowledge about one’s action or lack of an action could cause commitment of a crime.

Question 7

Actus reus nob facit reum nis mens sit rea.

Answer 7

It means, the “act is not culpable unless the mind is guilty’’. Both actus rea (guilty act) and mens rea (guilty mind) should be there for a crime. Someone acting without mental fault is not accountable in criminal law.

Question 8

Lunacy acts in India under british

Answer 8

1. The Lunacy (Supreme Courts) Act, 1858
2. The Lunacy (District Courts) Act, 1858
3. The Indian Lunatic Asylum Act, 1858 (with amendments in 1886 and 1889)
4. The Military Lunatic Act, 1877.

Question 9

India. Lunacy act

Answer 9

1912

Question 10

In 1920, Lunatic asylums were re-named as

Answer 10

Mental hospitals with central supervision

Question 11

Indian Psychiatric Society, founded in

Answer 11

1947

Question 12

Legal statutes concerning mental health establishments and deaddiction:

Answer 12

Narcotic Drugs and Psychotropic Substances Act (NDPSA), 1985.
zz Mental Health Act (MHA), 1987
zz Mental Healthcare Act (MHCA) 2017

Question 13

Legal statutes concerning protection and promotion of rights of persons with disability:

Answer 13

1. Protection of Human Rights Act (PHR Act), 1993
2. Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act (PWD), 1995
3. National Trust for the Welfare of the Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act (NTA), 1999
4. Right to Information Act (RTI Act), 2005
5. United Nations Convention for Rights of Persons with Disabilities (UNCRPD), 2006
6. Rights of Persons with Disabilities Act (RPWD Act), 2016

Question 14

The Consumer Protection Act (CPA), 1986:

Answer 14

The Consumer Protection Act was passed on
24th December, 1986 for the better protection of the interest of consumers and to make provisions for the establishment of consumer councils and other authorities for the settlement of consumer’s dispute and for matters connected therewith.25 Till 1995, even courts were not clear whether doctors are covered under consumer protection Act or not. In a landmark case in 1995, the Supreme Court decision in Indian Medical Association vs VP Shantha, medical profession has been brought under the Section 2(1) (o) of Consumer Protection Act, 1986 and also, it has included the following categories of doctors/hospitals under this Section:

Question 15

Protection of Human Rights Act (PHRA), 1993: Protection of Human Rights Act (PHRA), 1993:

Answer 15

This is an Act for providing the constitution of a National Human Rights Commission (NHRC), State Human Rights Commission in States and Human Rights Courts for enhanced protection of human rights and for matters connected therewith or incidental thereto. This was introduced in 1993, and was amended in 2006. NHRC has been influential in bringing many mental health reforms in past two decades

Question 16

Rehabilitation Council of India Act (RCIA)

Answer 16

1992

Question 17

Medical ethics

Answer 17

concerned with moral standards and conscience for the members of the medical profession in their dealings with each other, their patients and the State. It is a set of self-imposed regulations and discipline assumed voluntarily by medical professionals.

Question 18

INDIAN MEDICAL DEGREES ACT, 1916

Answer 18

This Act was passed to regulate the grant of titles implying qualification in Western Medical Science

Question 19

Negligence consists of two acts:

Answer 19

Not doing something that a reasonable man, under the circumstances would do (act of omission); or
Doing something which a reasonable prudent man under the circumstances would not do (act of commission).

Question 20

According to Black’s Law Dictionary, medical negligence requires that the plaintiff establish the following (4 Ds):

Answer 20

1 duty of care to the plaintiff,
2 Applicable standard of care and its violation (dereliction of duty), i.e. a breach in the duty
caused by the defendant’s negligent act or omission.

iii. Damage (a compensable injury

iv. Causal connection between the violation of care and the harm complained of (direct
causation), i.e. a direct link between the defendant’s negligent act or omission and an injury suffered by the plaintiff.

Question 21

Sec. 304-A IPC

Answer 21

deals with criminal negligence; “whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide is punished with imprisonment up to 2 years and with/without fine”.

Question 22

According to the Section 13 of the Indian Contract Act, two or more persons are said to consent when

Answer 22

they agree upon the same thing in the same sense (meeting of the minds).

Question 23

Not taking consent is considered as deficiency in medical services under the

Answer 23

section 2(1) of the Consumer Protection Act, 1986

Question 24

According to Section 90 IPC,

Answer 24

a child less than twelve years of age or insane person cannot give valid consent

Question 25

Section 88 and Section 90 of the IPC

Answer 25

suggest that the age for giving valid consent for any medical procedure is twelve years.

Question 26

Sections 87 IPC mentions

Answer 26

eighteen years as the age for giving consent for acts not intended and not known to be likely to cause death or grievous hurt.

Question 27

Mental capacity vs competence

Answer 27

Mental capacity
Definition: Mental capacity refers to a person’s ability to understand, retain, and weigh
up information relevant to a decision to arrive at a choice, and then to communicate that choice (Health Concept)

Competence: It refers to the legal consequences of not having the mental capacity (Legal concept).

Question 28

Capacity assessment for treatment-related decision and MHCA

Answer 28

Sec 4 1 a understand info
4 1 b appreciate the situation and consequences

4 1 c communicate decision

Question 29

Section 4 (3) mhca

Answer 29

Where a person makes a decision regarding his mental healthcare or treatment which is perceived by others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to make mental healthcare or treatment decision, so long as the person has the capacity to make mental healthcare or treatment decision under subsection

Question 30

Section 92 IPC)

Answer 30

In medical emergencies consent need not be obtained if circumstances are such that it is impossible for that person to give consent (

Question 31

Mhca Time frame for emergency treatment:

Answer 31

Emergency treatment in this section shall be limited to seventy-two hours or till the person with mental illness has been assessed at a mental health establishment, whichever is earlier except in national disasters (7 days).

Question 32

Section 53 IPC)

Answer 32

An arrested person can be examined without consent if requested to do so by a police officer not below the rank of a Sub-Inspector (Section 53 IPC) if examination may provide evidence to the commission of the offence.

Question 33

Sec. 52 IPC

Answer 33

Nothing is said to be done in good faith which is done without due care and attention

Question 34

Under Sec. 54 CrPC,

Answer 34

an arrested person may be examined by a doctor at his request to
detect evidence in his favor, a copy of the report is to be furnished by the doctor to the arrested person

Question 35

Consent features

Answer 35

• procedure specific
  For educational purpose, separate
  Blanket consent not valid
  Fresh consent for repeat procedure
  Pt had right to refuse treatment
  Properly documented
  Unilateral consents good
  Witnesses are more dependable
  Pt right to withdraw
  Consent for illegal procedure invalid

Consent is no defense in cases of professional negligence.

Question 36

Fiduciary Relationship

Answer 36

The Advanced Law Lexicon defines “fiduciary’’ as a relationship wherein one party places trust on the fiduciary who has duty to act in benefit of former.’’3
“Fiduciary relationship usually arise in one of the four situations:3
1. When one person places trust in the faithful integrity of another, who as a result gains superiority or influence over the first,
2. When one person assumes control and responsibility over another,
3. When one person has a duty to act or give advice to another on mattes falling within the scope of the relationship, or
4. When there is a specific relationship that has traditionally be recognized as involving fiduciary duties, as with a doctor and patient.3”

Question 37

Fiduciary Duty

Answer 37

1. No conflict rule
2. No profit rule
3. Undivided loyalty rule
4. Duty of confidentiality

Question 38

Legislative statutes of relevance to medical records—confidentiality and disclosure.

Answer 38

1. Consumer Protection Act,1986
   • Both private as well as public medical services are covered under Consumer Protection Act
   • Patients as a consumers of services have right to know details about the services provided to them
   • Maintain records for 2 years for OPD and 3 years for inpatient and surgical cases
2. Code of Medical Ethics Regulations, 2002
   • All registered medical practitioners in India, both private as well as government service are bound to code of medical ethics of Indian Medical Council
   • Indoor medical records to be maintained for 3 years and to be produced on request of patient or authorized attendant or legal authorities within 72 hours
   • Ensure confidentiality
   • Maintain record of medical certificate issued
3. Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare
   • Responsibility of hospital to keep medical records is:
   • Digitalized format: Up to 10 years or as per availability
   • Hard copy: Three years for outpatient and inpatient and in MLC cases, for 10
   years or till case is dismissed
4. Right to Information Act, 2005
   • The legislation confers on all citizens the right of access to the information and, correspondingly, makes the dissemination of such information an obligation on all public authorities, promoting transparency and accountability
   • Section 8 information forbidden from disclosure: Information obtained in Fiduciary relationship
5. Mental Health Care Act (MHCA), 2017
   • Chapter V Section 25 patients will have right to access their ‘basic medical records (BMR).’ For OPD/IPD/Camps, BMR has been defined differently in Chapter II Section 6 of ‘’The Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018”

Question 39

RTI case “Shravan Kumar vs IHBAS, 2009,”

Answer 39

citing similar grounds, CIC exempted
hospital from disclosing wife’s medical information to husband

Question 40

In an RTI case “Rashmi Dixit Matiman vs IHBAS, 2011”

Answer 40

where patient herself was denied information by psychiatry hospital authority stating that while obtaining information from family and relatives, doctors are bound to maintain compartmentalized confidentiality and they on the same grounds also had fiduciary relationship with family members and relatives. CIC instructed hospital to provide information to the patient. Case is further subjudice in a higher court of law.1

Question 41

In an RTI case “Jyoti Jeena vs IHBAS, 2015”

Answer 41

In an RTI case “Jyoti Jeena vs IHBAS, 2015” wife asked for husband’s medical records stating she was subject to physical torture due to husband’s mental illness. Hospital refused to provide information to any third party under section 8(1)(e). However, CIC concluded that wife has right to know the information to facilitate exercising her right to seek divorce under Hindu Marriage Act and she should be prevented from further cruelty perpetrated by husband because of mental illness and considered in favor of disclosure of information by hospital in larger public interest, decision was further challenged in higher court of law and stay was taken on previous orders

Question 42

Definition of Forensic empathy

Answer 42

Kenneth Appelbaum describes “forensic empathy” as the quest for
“awareness of the perspectives and experiences of interviewees,” to allow their voices and concerns to be aired in the assessment process

Question 43

Receptive empathy’

Answer 43

as the “perception and understanding of the experiences of another person.”

Question 44

Reflective empathy,

Answer 44

however, is problematic, in that it involves communicating an “interpretation or understanding to the defendant in a manner that implies a therapeutic alliance”.2,4

Question 45

Brain fingerprinting, invented by

Answer 45

Lawrence Farwell, is a computer-based test that is designed to provide evidence of information regarding crimes. This test detects the presence or absence of information, and not guilt or innocence per se. This investigative technique is based on the recognition of familiar stimuli by measuring electrical brain wave responses to words, phrases, pictures, acronyms, etc. that are presented on a screen. The basis for the test is that the suspect’s reactions to the details of an event or activity will be displayed through changes in his brain waves if the suspect had prior knowledge of the event or activity.

Lawrence Farewell used P300 wave for detecting these changes and called this technique as MERMER, i.e. ‘memory and encoding related multifaceted electroencephalographic response.’

Question 46

basic principles required to be observed by a practicing psychiatrist

Answer 46

. Respect for autonomy 2. Beneficence
3. Nonmaleficence
4. Justice

Question 47

Dual Agency

Answer 47

Dual agency refers to a situation in which the clinician must simultaneously serve a clinical therapeutic role in a legal case, and a forensic role with different purposes of legal evaluation.

Question 48

Guantanamo incidence:

Answer 48

In 2002, American soldiers captured a man, and transferred him to the detention center at Guantanamo Bay. The man was labeled a “high-value detainee.” Former Secretary of Defense Donald Rumsfeld authorized extraordinary interrogation techniques being designed by mental health professionals for high-value detainees. Special teams were created to work on interrogations called Behavioral Science Consultation Teams (BSCTs) headed by a psychologist. Their job was not simply to monitor interrogations but to employ their knowledge of human psychology to better exploit a prisoner’s psychological and cultural vulnerabilities for the purposes of extracting information.
The prisoner in question was interrogated using very aggressive and controversial techniques. These included being deprived of sleep for more than a week at a time, having hypothermia induced by air conditioning, being exposed to barking, growling dogs, to which the prisoner has a phobia, being forced to take many bags of intravenous fluids and then to urinate on himself. Throughout the prisoner’s interrogation he was monitored daily by physicians.
A psychologist suggested that the prisoner be placed in a swivel chair so that he could be prevented from focusing his eyes on one spot. The interrogators employed dehumanizing techniques such as leashing the prisoner like a dog and making him bark, and remarking that the prisoner’s life was worse that of the rats inhabiting the compound.

Question 49

Interpretive hypothesis’

Answer 49

is used to understand the cultural differences and psychopathology22 which claims that something can be interpreted as something else or that a given concept is useful for describing or understanding something; in simple words.

Question 50

Witness
Definition

Answer 50

Witness is defined as a person who provides evidence about a case in the court of law under oath and is summoned to court to attend without failure and under penalty.

Question 51

malingering

Answer 51

“Malingering is the deliberate production or gross exaggeration of false, physical or psychologic symptoms for a known external reward.”

Question 52

Malingering Subtypes: Resnick and Lipian & Mills,

Answer 52

Resnick
1. Pure malingering: Complete fabrication,
2. Partial malingering: Exaggeration of existing symptoms,
3. False imputation: When an evaluee intentionally attributes symptoms to an unrelated
cause.

Lipian and mills
1. Positive malingering: Feigning the symptoms of an illness.
2. Negative malingering: Hiding or misreporting the symptoms.
3. Data tampering: Altering diagnostic instruments, data or record to influence test results.
4. False imputation: Ascribing actual symptoms to an unrelated cause consciously.
5. Staging events: Carefully planning and executing events to result in an injury or an explanation for feigning disability.
6. Misattribution: Ascribing actual symptoms to an unrelated cause erroneously believed to
have caused it

Question 53

Commonly used psychological tests for assessment of malingering.

Answer 53

1. Mmpi 2
2. Structured interview of reported symptoms
3. Miller-Forensic Assessment of Symptoms Test (M-FAST)
4. Victoria Symptom Validity Test (VSVT)
5. Personality assessment inventory
6. Personality inventory for youth
7. Structured Inventory of Malingered Symptomatology (SIMS)2
   8.Rorschach test
8. Test of Memory Malingering (TOMM)

Question 54

Six Potential Strategies to Detect Malingering

Answer 54

1. Floor effect—individual performing at bottom of a particular test, not being able to give even very basic information.30
2. Symptom validity testing—individuals given forced choice alternatives and they perform very poorly, raising the suspicion of malingering.
3. Performance curve—malingers may fail easy item and pass more difficult ones.
4. Magnitude of error—qualitative and quantitative pattern of wrong answer point towards
   symptom exaggeration or fabricated deficits.
5. Atypical presentations—variable performance across different time spans on similar tests.
   (Caution: seen at times in some head injury cases)
6. Psychological sequelae—faking symptoms unrelated to alleged complaint.

Question 55

Will is defined as follows:

Answer 55

fter the execution of Will.
According to Section 2(h) of the Indian Succession Act, 1925, a Will is defined as follows:
“A Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.”

Question 56

Codicil

Answer 56

A codicil is a supplement to a Will when a testator intends to make any minor alterations in his Will, e.g. change in the number of trustees. According to the Section 2(b) of the Indian Succession Act, 1925, codicil means an instrument made in relation to a Will and explaining, altering or adding to its disposition and shall be deemed to form the part of the Will.

Question 57

Testamentary capacity

Answer 57

refers to person’s full sense and mental sanity to have confirmed and signed the Will after understanding what his assets comprised and what he is doing by making will

Question 58

Banks vs. Goodfellow

Answer 58

a commonly cited English case, John Banks, the testator clearly suffered from a chronic and serious mental disorder but was deemed capable with respect to the execution of his Will because his delusions did not affect the distribution of his assets. This judgment remains the test in most common law jurisdictions today.

The Banks vs. Goodfellow Criteria

Understanding of the nature of the Act (Will making) and its effects.
• Knowledge of the nature and extent of one’s assets.
• Knowledge of persons who have a reasonable claim to be beneficiaries.
• Understanding of the impact of the distribution of the assets of the estate.
• A confirmation that the testator is free of any delusions that influence the disposition of the assets.
• Ability to express wishes clearly and consistently in an orderly plan of disposition.

Question 59

IMPORTANT ELEMENTS OF TESTAMENTARY CAPACITY

Answer 59

1. Voluntary Act
2. Sound disposing mind.
3. should know what he is doing by making a Will.
4. sufficient capacity to know the extent of his/her property.
5. aware of potential beneficiaries.
6. ware of the consequences of his/her decision.
7. free from undue influence/fraud/coercion.
8. must know the contents of the Will.

Question 60

Indications of Undue Influence

Answer 60

• A confidential relationship existed between testator and the influencer that created an opportunity for the latter to control the testamentary act.
• The influencer used the relationship to secure a change in the distribution of the testator’s estate.
• There were unnatural provisions in the Will.
• The change in distribution did not reflect the true wishes of the testator.
• The testator was vulnerable to being influenced either because of a neurological or psychiatric disorder or
because of specific emotional circumstances.
• The beneficiary actively participated in or initiated the procurement of the Will.
• There was undue benefit to the beneficiary

Question 61

Marriage

Answer 61

is defined as “a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners.”

Question 62

is defined as “a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners.”

Answer 62

zz Neither party is incapable of giving a valid consent as a consequence of unsoundness of mind.
zz Even if capable of giving consent must not suffer from mental disorders of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
zz Must not suffer from recurrent attacks of insanity.

Question 63

(Section 12) of Hindi marriage act

Answer 63

Voidable marriages (Section 12) are those which may be annulled by a decree of nullity on the given grounds but may continue to be legal until the time it is annulled by a competent court.

Question 64

According to the Section 13 of the Act, Hindu marriage

Answer 64

According to the Section 13 of the Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind”, or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.”

Question 65

The Special Marriage Act, 1954

Answer 65

, is meant for any person in India and Indian nationals abroad, irrespective of the faith that the individual may profess. A marriage solemnized in any other form can be registered under this Act.8 The Section 4(a) of the Act has provisions identical to the Section 5(ii) of Hindu Marriage Act as conditions for solemnizing marriage. Similarly, Section 27 lists identical provisions in respect to ground for divorce as in Section 13 of the Hindu Marriage Ac

Question 66

The Dissolution of Muslim Marriage Act, 1959”

Answer 66

. A woman can obtain a verdict of divorce under “The Dissolution of Muslim Marriage Act, 1959”, if her husband has been insane for 2 years.

Question 67

HISTORICAL EVOLUTION OF FITNESS TO STAND TRIAL CONSTRUCT: Pritchard criteria

Answer 67

They involve assessing whether defendant has following abilities:
zz
zz
zz
Sufficient intellect to comprehend the course of trial to make defense, Ability to challenge or object a juror, and
Ability to understand details of evidenc

Question 68

Fitness to trial assessments instruments

Answer 68

• Competency screening test
• Competency assessment instrument
  -Interdisciplinary fitness
  interview (IFI)
• MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA) Poythress et al., 1999
  
  • Standardized instrument
    The fitness interview test.
    revised (FIT-R)
• Evaluation of Competency to Stand Trial-Revised (ECST-R) Rogers et al. 2004
• Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST-MR) Everington and Luckasson, 1992

Question 69

Voidable marriages

Answer 69

Section 12) are those which may be annulled by a decree of nullity on the given grounds but may continue to be legal until the time it is annulled by a competent court.

Question 70

“Recurrent attacks of epilepsy” in marriage ….

Answer 70

was also a disqualification for marriage, which was removed by the Marriage Laws (Amendment) Act, 1999.

Question 71

Marriage Laws (Amendment) Act, 1976, mental disorder

Answer 71

According to the Section 13 of the Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind”, or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.”

Question 72

The Special Marriage Act, 1954,

Answer 72

is meant for any person in India and Indian nationals abroad, irrespective of the faith that the individual may profess. A marriage solemnized in any other form can be registered under this Act

The Section 4(a) of the Act has provisions identical to the Section 5(ii) of Hindu Marriage Act as conditions for solemnizing marriage. Similarly, Section 27 lists identical provisions in respect to ground for divorce as in Section 13 of the Hindu Marriage Act

Question 73

McNaughten

Answer 73

• daniel M’ Naghten, a Scotsman in 1843 was tried for murder of Edmond Drummond, Pvt Secretary to Sir Robert Peel, then PM of england. M’Naghten was under an insane delusion that Sir Robert peel had injured him and mistaking Drummond for sir robert peel he shot and killed him

principles:
1. defect of reason from dis of mind
2. dis of mind referred accused incapable of :
distinguishing nature of act, wrongness of act, act being against law

Question 74

Durham’s test

Answer 74

durham was charged of house breaking and he pleaded insanity in his defence

a mere presence of mental illness is not sufficient, more important is to find out causal connctn b.w unlawful act and mental illness

Question 75

Test of Insanity as Assessed by Calcutta High Court
Ashiruddin Ahmed vs. The King:

Answer 75

Accused in his dream was commanded by someone in paradise to sacrifice his five years old son. On the next morning the accused took his son, to a nearly mosque and killed him by the thrusting a knife in his throat. Then he went straight to his uncle, but finding a village chowkidar nearby, took to the uncle to a tank at some at some distance, and then narrated the whole story to him. On trial, the accused retracted his confession but the evidence was not seriously challenged. The court held on evidence that he believed that his dream was a reality; though he knew the nature of the act and knew that, it was contrary to law. This was evident from his conduct of not saying what he did in front of the chowkidar. According to the court, the accused was clearly of unsound mind because acting under delusion of his disease, he made this sacrifice believing it to be right

Question 76

In Hazara Singh vs. The State:

Answer 76

The Punjab High Court said: “In order to earn immunity from criminal liability the disease, disorder or disturbances of mind must of degree, which should obliterate perceptual or volitional capacity. A person may be a fit subject for confinement in a mental hospital, but that fact alone will not permit him to enjoy exemption from punishment. Crotchetiness of cranks, feeble mindedness, any mental irresponsibility, mere frenzy, emotional imbalance, heat of passion, uncontrollable anger or jealously, fits of insensate hatred, or revenge, moral depravity, dethroning, reason, incurable perversions, hypersensitive excitability, ungovernible fits of temper, stupidity, obtuseness, lack of self-control, gross eccentricity and idiosyncrasy and other similar manifestations, evidencing derangement of mental functions, by themselves, do not offer relief from criminal responsibility”

Question 77

In Sarka Gundusa vs. State:

Answer 77

Accused came out of his house brandishing an axe and gave a blow to a 3-year-old boy playing outside, on his neck. The boy died instantaneously and the accused ran over to the jungle close by and returned only the next day. Convicting the accused Justice GK Mishra said, Any and every type of insanity recognized in medical science is not legal insanity. Every minor mental aberration is not insanity. There can be no legal insanity unless the cognitive faculty of mind is destroyed as a result of unsoundness of mind to such an extent as to render the accused in capable of knowing the nature of the act or that what he is doing is wrong or contrary to law.1

Question 78

section 354

Answer 78

Assault or criminal force to woman with intent to outrage her modesty

Imprisonment not less than 1 year but which may extend to 5 years and fine.

Question 79

section 353 A(1)

Answer 79

Sexual Harassment: A man committing any of the following acts: (i) Physical contact or advances which include unwanted sexual overtures
(ii) Request for sexual favors
(iii) Showing pornography against will
(iv) Making sexually colored remarks

Section 354A (2): An offence specified in clause (i), (ii) or (iii) of subsection (1) shall be punished with imprisonment, which may extend to three years and/or fine. Section 354A (3): An offence specified in clause (iv) of subsection
(1) Shall be punished with imprisonment, which may extend to 1 year and/or fine.

Question 80

section 354 B

Answer 80

Assault or use of criminal force to any woman or abetment to such act with the intention of disrobing or compelling her to be naked

woman or abetment to such act with the intention of disrobing or compelling her to be naked
Section 354B: Imprisonment for a term not less than 3 years but which may extend to seven years, and shall also be liable to fine

Question 81

Section 354C:

Answer 81

Voyeurism: Any man who watches, captures or disseminates the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed.

On first conviction: imprisonment for a term not less than 1 year, but which may extend to 3 years, and fine. On a second or subsequent conviction: imprisonment of for a term not less than 3 years, but which may extend to 7 years, and fine.
On a subsequent conviction: With imprisonment for a term which may extend to 5 years, and fine.

Question 82

section 354 D

Answer 82

Stalking (1) Any man who: (i) follows a woman and contacts, or attempts to contact such woman repeatedly despite a clear indication of disinterest or
(ii) monitors the use by a woman of the internet, email
or any other form of electronic communication. Such conduct shall not amount to stalking if (i) it was pursued for the purpose of preventing or detecting crime by a man entrusted with such responsibility by the State (ii) it was pursued under any condition or requirement imposed
by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified

On first conviction: With imprisonment for a term which may extend to 3 years, and fine.
On a subsequent conviction: With imprisonment for a term which may extend to 5 years, and fine.

Question 83

sec 375

Answer 83

Rape: A man is said to commit “rape” if he—
(a) Penetrates his penis, to any extent, into the vagina,
mouth, urethra or anus of a woman or makes her to
do so with him or any other person; or
(b) Inserts, to any extent, any object or a part of the body,
not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
First—Against her will.
Secondly—Without her consent.
Thirdly—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt
Fourthly—With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married
Fifthly—With her consent when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly—With or without her consent, when she is under eighteen years of age.
Seventhly—When she is unable to communicate consent. Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or
any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1—A medical procedure or intervention shall not constitute rape.
Exception 2—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape

Question 84

section 376

Answer 84

Section 376 (1): Anyone who commits rape shall be punished with rigorous imprisonment which shall not be less than 7 years, but which may extend to imprisonment for life,
Section 376 (1): Anyone who commits rape shall be punished with rigorous imprisonment which shall not be less than 7 years, but which may extend to imprisonment for life, and shall also be liable to fine.

Question 85

sec 376 A-e)

Answer 85

Section 376(A): If in the course of commission of an offence under 376 (1) and (2), the man inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state.
Section 376(B): Imprisonment for a term not less than 2 years but which may extend to 7 years, and fine.
Section 376(C): Whoever, being in a position of authority or in a fiduciary relationship; or a public servant; or superintendent or manager of a jail, remand home or children’s institution; or on the management or staff of a hospital abuses such position or fiduciary relationship to induce or seduce any woman under his charge or present to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape.
Section 376(C): Rigorous imprisonment for a term not less than 5 years, but which may extend to 10 years, and fine.
Section 376(D): Gang Rape: Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape.
Section 376(D): Rigorous imprisonment for a term not less than 20 years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and fine.
Section 376(E): Repeat Offenders: Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted.
Section 376(E): Imprisonment for life or death.

Question 86

WHO Mental Health Laws: 10 Principles

Answer 86

1. Promotion of mental health and prevention of mental disorders
2. Access to basic mental health care
3. Mental health assessments in accordance with internationally accepted principles
4. Provision of least restrictive type of mental health care
5. Self-determination
6. Right to be assisted in the exercise of self-determination
7. Availability of review procedure
8. Automatic periodic review mechanism
9. Qualified decision-makers
10. Respect of the rule of law.

Question 87

Legal Status of Attempted Suicide in India

Answer 87

According to Article 21 of the Indian Constitution, “No person shall be deprived of his life or personal liberty except according to procedure established by the law”. While the constitution covers the right to life or liberty, till recently, it did not include the ‘right to die’. The attempts at taking one’s own life was not considered to fall under purview of constitutional right to life.54 However, on 9th March 2018, while legalizing passive euthanasia, the Supreme Court of India said that right to life includes right to die.
Section 309 of the Indian Penal Code (IPC) clearly states as follows: “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine or both.” It is to be noted that the abetting of the commission of suicide (but not the abetting of attempt to commit suicide) is covered under Section 306 IPC and the abetment of suicide of a child is covered under Section 305 IPC. The punishment for these varies from 1 to 10 years of imprisonment and heavy fines. Repealing of Section 309, per se, would not affect or impact the above sections on abetment of completed suicide

rovision for Decriminalization of Suicide in Mental Healthcare Act, 2017
Section 115: ‘’Presumption of Severe Stress in Case of Attempt to Commit
Suicide. ‘’
(1) Notwithstanding anything contained in Section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.
(2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

Question 88

postvention

Answer 88

Schneidman coined the term “postvention’’ for the provision of crisis intervention, support and assistance for all those affected by a completed suicide

Question 89

LEGAL PROVISIONS OF RELEVANCE TO HOMELESS PERSONS WITH MENTAL ILLNESS

Answer 89

I. Relevant sections of Mental Health Act 1987

Section 23 of Mental Health Act 1978 empowers the police officer to take into custody wandering patients incapable of taking care of themselves and produced before a magistrate within 24 hours and then if magistrate is satisfied a reception order can be passed for admission in the mental health facility.

Limitation of this legal statute was that many of the of homeless persons ended up being in MHE even in absence of mental health.

II. Relevant sections of Mental Healthcare Act 2017 in regard of homeless persons with mental illness

Chapter V, Section 18 regarding “Right to access mental healthcare’’ states that
- Every person shall have the right to access entire range of mental healthcare and
treatment from mental health services run or funded by the appropriate govt

• Homeless persons having mental illness shall be entitled to mental health treatment and
  services free of charge at all mental health establishments run or funded or designated by the appropriate government.
• Chapter V, Section 19 regarding right to community living states that every person with
  mental illness including homeless persons shall have a right to live in, be part of and not be segregated from society; and not continue to remain in a mental health establishment merely absence of community facilities

CHAPTER XIII, Section 100. Duties of police officers in respect of homeless persons with mental illness found wandering in community

Question 90

form 4 in THOA

Answer 90

it is certified that the said donor is in proper state of health, not mentally challenged * and is medically fit to be subjected to the procedure of organ or tissue removal.

*In case of doubt for mentally challenged status of the donor, the Registered Medical Practitioner may get the donor examined by psychiatrist.