Educationals

"An accused person is not criminally responsible, if his unlawful act is the product of mental disease or mental defect". In this, the causal connection between the mental abnormality and the alleged crime should be established. This rule is also known as "Product Rule".

American Law Institute (ALI) Test

'A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect he lacks adequate capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the Law'.

The ALI Test is similar to the combination of the McNaughton rule and the Irresistible Impulse Test. This rule excludes psychopaths. This popular test is now used by all courts in the USA.

CIVIL RESPONSIBILITY

Before a court of Law, all persons are considered to be same, otherwise it is to be proved. A person has no responsibility in the following conditions, if he is proved to be a lunatic.

Testamentary capacity (Testament=Will)

As per Section 59 of the Indian Succession Act,1925, "Every person of sound mind, not being a minor, may dispose of his property by will".

A will can be declared invalid if it is proved that at the time of making the will, the testator:

• Was of unsound mind.
• Did not have the mental capacity to understand the consequences of the act.

Marriage

Under the Hindu Marriage Act,1995, a marriage with a person who was an idiot or a lunatic at the time of marriage, can be declared as null and void on application.

Judicial separation

If lunacy starts after marriage and continues for two years, even with treatment, the other party can apply for legal separation.

Divorce

Divorce can be decreed if the other party has been incurably of unsound mind for a continuous period of at least three years. But the other party has to pay for the maintenance of the lunatic.

Witness

Under the Indian Evidence Act,1872 (Section 118), a lunatic is incompetent to give evidence in a court of law if he is unable to understand the questions asked or to give rational answers to them by virtue of lunacy.

Contract

Under the Indian Contract Act,1872 (Section 11) every person to be competent to contract, must be a major and of sound mind, i.e. he is capable of understanding the contract and of forming a rational judgment as to its effect upon his interests.

Transfer of property

Under the Transfer of property Act,1882 (Section 7) only persons competent to contract, are authorized to transfer property.

The right to vote and the right to stand for election

No person of unsound mind can contest an election or exercise the franchise of voting.