The law has clarified that merely having a mental illness is not in of itself grounds for having an unsound mind1. Having an unsound mind has been determined by Courts to mean that one has such a mental condition that one cannot be expected to be aware of the consequences of his actions. Some examples of such unsoundness of mind includes dementia, loss of memory, hallucinations, etc2. Under the law, medical insanity does not matter, but only legal insanity3.
- Section 3(5), the Mental Healthcare Act, 2017.
- State Of Rajasthan vs Shera Ram
- Hari Singh Gond vs State Of M.P
- Section 84, the Indian Penal Code, 1860.