Unsoundness of Mind and Neurological Impairments: A Reappraisal of Section 22 of the Bharatiya Nyaya Sanhita, 2023
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Key Points
A neuroscientific-informed legal system can enhance justice and public safety, focusing on rehabilitation.
The legal framework on unsoundness of mind fails to adequately reflect current neuroscientific understanding.
The study recommends diminished responsibility as a valid legal defense for neurologically impaired offenders.
Community-based therapy and cognitive-behavioral methods are emphasized for young offenders, guided by the Mental Health Care Act.
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Implication
This paper discusses the implications of neurological influences on criminal behavior, highlighting the need for legal reform based on scientific findings.