Forensic Medicine · Forensic Psychiatry

McNaughten's Rule

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Definition

The McNaughten Rules form the basis of the criminal responsibility of an insane person and are incorporated in Section 84 IPC.

Origin

Formulated following the case of Daniel McNaughten (1843).

The Rule

To establish the defence of insanity, it must be clearly proved that at the time of committing the act the accused was suffering from a defect of reason arising from disease of mind, and therefore:

  1. Did not know the nature and quality of the act, or
  2. Did not know that what he was doing was wrong.

Logical Sequence

  1. Disease of mind
  2. → Defect of reason
  3. → Incapable of knowing either:
    • the nature of the act, OR
    • the wrongfulness of the act