Present system of punishing murderers do not take into consideration several mental conditions through which the murderer may have gone “Temporarily insane for 10 to 20 mins”. Here, the murderer is unable to control what he is doing for temporary insanity.
Such temoparay insanity is not yet argued much in Indian Law. However there are some US cases where such defense has been upheld.
Such temporarily insanity is result of certain emotions of anger which a person is repressing for long time. When treatment is given, the pressure burst out and impulsive murder takes place.
Indian law takes in to consideration “Provocaton” and “Self Defense”, but it has yet to recognize impulsive murders which takes place due to Repressed Emotions and lack of medical attention.
304 Part II murders are of sudden provocation. But this is different. Here in the present argument, the murderer is suffering from repressed anger since months and has remained untreated.
- Haresh Raichura, Advocate (c)
