FORENSIC

PSYCHIATRY
  There is no consensus view about a definition of
forensic psychiatry. It is the field of activity which
is still defining its boundaries – constantly evolving
.
 Clinical psychiatry operates within therapeutic
contexts and forensic psychiatry operates within
legal contexts.
 The history of forensic psychiatry is often
INTRODUCTION conceived of as “the entrance of medicine into
court” or even a “medicalization of law.”
 “It is a subspecialty of psychiatry in which
scientific and clinical expertise is applied to legal
issues in legal context, embracing civil, criminal,
correctional, or legislative matters. Forensic
psychiatry should be practiced in accordance with
guidelines and ethical principles enunciated by the
profession of Psychiatry”
( AMERICAN BOARD OF FORENSIC PSYCHIATRY)
 Forensic Psychiatry “which is
much neglected, ignored,
misinterpreted, and
misunderstood.”
 The state mental hospitals are
about 50 in number in India. Some
of these Psychiatry hospitals do
not have full-fledged forensic
psychiatric units.
Most of the private and
government medical college
psychiatry units do not have much
exposure to Forensic Psychiatry
except a few.
Common reasons for forensic psychiatry evaluations

 Various reasons for forensic psychiatric evaluation can be broadly grouped under
criminal and civil groups.
 A criminal court may issue directions to assess the fitness of a person to plead or
stand trial or to determine the issue of criminal responsibility.
 The civil court may ask for psychiatric assessment in cases of determination of
need for guardianship, to know whether a person with mental illness is able to take
care of self and manage his/her affairs or needs a guardian or a manager.
 Cases of testamentary capacity, marital dispute and divorce on grounds of mental
illness, child custody and disability compensation are some other situations where a
psychiatrist may be asked by a court to give a report.
 Opine about admission, discharge and treatment procedures
Steps of the forensic psychiatric assessment

 Comprehensive psychiatric history including details of the

event leading to request for current assessment
 The marks of identification along with a photo-identity proof
and a recent photograph
 The person should be informed that the information divulged
during assessment may go against him or her in the court of law.
 Assessments should specifically include forensic history, if any;
family details like socioeconomic status, history of psychiatric
illness, substance abuse, or a criminal record in the family;
personal history; mental status examination, and personality
assessment
 Hospitalization may be required if the person needs to be observed over a
period, before a definite opinion can be given about the diagnosis.
 If hospitalization is not indicated or is not feasible due to lack of a suitable
facility, repeated assessments over a period should be conducted.

 Physical investigations should be ordered depending on the case.

 Psychological testing for personality profile, intelligence, cognitive
functions and differential diagnosis may also be required
 Governance in Psychiatry
 Mental health care Act 2017
 Protection of children from sexual offences
2012
 Narcotics drugs and psychotropic substances
Act 1985
 Rights of persons with disability Act 2016
Mental Health Care
Act, 2017
Evolution of LAWS

In the past one century, there has been a paradigm shift in delivering care to PMI in
India.
• Indian Lunacy Act 1912 – Custodial care of PMI
• Mental Health Act 1987 – Treatment of PMI
• Mental Health Care Act 2017 - Rights of PMI
 Provide mental health care and services for PMI
 To protect, promote, and fulfill the rights of such persons during delivery of
mental healthcare and services and for matters connected therewith or
incidental thereto.
• “Mental illness” means a substantial disorder of
thinking, mood, perception, orientation or memory
that grossly impairs judgment, behavior, capacity to
recognize reality or ability to meet the ordinary
demands of life and Includes mental conditions
associated with the abuse of alcohol and drugs but
Excludes mental retardation
• “Minor” means a person who has not completed the
age of 18 years
• “Relative” means any person related to the person
with mental illness by blood, marriage or adoption
• “Care-giver” means a person who resides with a
person with mental illness and is responsible for
• “Informed consent” means consent given for a specific intervention,without force,
influence, fraud, threat, mistake or misrepresentation obtained after disclosing risks
and benefits of, and alternatives to, the specific intervention in a language and
manner understood by the person
• “Least restrictive alternative” or “least restrictive environment” or “less restrictive
option” means offering an option for treatment or a setting for treatment which meets
the person’s treatment needs; and imposes the least restriction on the person’s rights
• “Mental Health Professionals” (MHP) as described in Chapter – VII are clinical
psychologists,mental health nurses, and psychiatric social workers.
 Advance
Document made Directive - Chapter
in writing, specifying III
any or all of the
following
1. The way the person wishes to be cared for and treated for a
mental illness
2. The way the person wishes not to be cared for and treated for a
mental illness
3. The list of individuals (in order of precedence) whom he or she
wants to appoint as his or her NR.
 Every person who is not a minor has a right to make an advance
directive.
 Nominated representative - Chapter IV
a) Every person who is not a minor shall have a right to appoint a NR
b) An individual can be appointed as the nominated representative in the advance
directive by PMI
c) A relative (or) a care-giver
d) A suitable person will be appointed by the concerned Board when (a), (b) and (c) are
not available or unwilling to be NR
e) If no such person is available to be appointed as a nominated representative, the
Board shall appoint the Director, Department of Social Welfare, or his designated
representative, as the nominated representative of PMI
f) The Legal guardian shall act as NR for a minor. However, if the legal guardian is not
acting in the best interests of the minor or deemed to be unfit to act as the NR of the
minor, any suitable individual who is willing to act as NR for the minor will be
appointed by the concerned Board.
Rights of PMI - Chapter V

 Right to access mental health care

 Right to community living
 Right to protection from cruel, inhuman and degrading treatment
 Right to equality and non- discrimination
 Right to information
 Right to confidentiality
 Right to access medical records
 Right to personal contacts and communication
 Right to legal aid
 Right to make complaints about deficiencies of services
  Sec 91- Leave of absence
 Sec 92- Absence without leave or discharge
 Sec 93- Transfer from one to another mental
health establishment

Admission  Sec 94- Emergency treatment

 Sec 95- Prohibited procedures
and  Sec 96- Psychosurgery
 Sec 97- Restraints and seclusion
treatment  Sec 102- Admitting person with mental illness in
mental health establishment by magistrate
 Sec 103- Prisoners with mental illness
 Sec 104 - PMI in custodial care
 MHA 1987 vs MHCA 2017
 Rights of person with mental illness
 Advance directive
 Mental health authority
 To fulfill international obligation pursuant to the
convention on rights of person with disabilities
 Responsibilities of other agencies stressed upon
 To tackle stigma associated with mental illness
Protection of children
from sexual offences
(POCSO) 2012
 What is Child Sexual Abuse?

• Sexual abuse refers to the involvement of a child in any sexual activity that:
 the child does not understand;
 the child is unable to give informed consent to;
 the child is not developmentally prepared for and cannot give consent to; and,
 violates the laws or norms of society.
 Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, any sexual activity
with a child below 18 years, whether boy or girl, is a crime.
 CSA encompasses any sexual act involving a child that is intended to provide sexual gratification
to a parent, caregiver, or other individual who has responsibility for the child.
 Includes activities such as fondling a child’s genitals, penetration, incest, rape, sodomy and
indecent exposure.
 Also includes non-contact exploitation of a child by a parent or caregiver-e.g. forcing, tricking,
threatening or pressuring a child to participate in acts for sexual gratification of others, without
direct physical contact between child and abuser.
Prevalence
Problem of Reporting

 Cultural morals: stigma for victim and family

 Does not have visible physical signs
 Victims are young children whose fear, lack of awareness, or
 Lack of language skills make them prey
Where does it takes
place?

Who are perpetrators?

Who are vulnerable?

Intrafamilial and
extrafamilial sexual
abuse
 Consequences of CSA
• Range of consequences
• Depend on a number of factors, such as the duration of abuse, the
age of the child, and the type and availability of support
 Physical symptoms
 Emotional consequences
 Consequences in adult life
 Disturbances in sexual behaviors
 Why POCSO?
 UN Convention on the Rights of the Child, 1989
 Article 15(3) of the constitution of India mandates the state to create special laws for
the children
 Article 39, Directive Principles of State Policy mandates the state to ensure that
children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity
 Till 2012, there was no specific legislation governing child sexual abuse
 Increasing incidents of sexual offences against children
 IPC recognized only limited forms of sexual violence against children:
• Sec 354- assault or criminal force to outrage modesty of women
• Sec 375- rape
• Sec 377- unnatural offences
• Sec 509- word, gesture or act intend to insult modesty of women
Why POCSO?
• Before 2012- IPC was only used
• Loopholes:
• IPC 375: Does not protect male victims or sexual acts other than
penovaginal intercourse
• IPC 354: Lacks statutary of Modesty, weak penalty, not protect modesty of
child
• IPC 377: Not designed to criminalize sexual abuse of children

• Many ‘new’ forms of abuse could not be

prosecuted
• To prosecute offences against boys
Burden of proof on the accused

Gender neutral law

Reporting abuse mandatory

Punishment for all the perpetrators irrespective of age and gender

Calibration of offences

Severer punishment when protectors are perpetrators

Introduction of child friendly measures

Salient
Support to the child and family in the form of support person
features
Accountability of every citizen towards child protection

Punishment for failure to report or record a case

No discretionary jurisdiction

Confidentiality of the child and the family

 Defines child as any person below the age of 18 years and provides protection to all
children under the age of 18 years from sexual abuse
 Protect the child through all the stages of judicial process and gives paramount
importance to the principle of ‘best interest of the child’
 Definition of child sexual abuse is comprehensive and encompasses the following:
• Penetrative sexual assault
• Aggravated penetrative sexual assault
• Sexual assault
• Aggravated sexual assault
• Sexual harassment
• Using child for pornographic purpose
• Trafficking of children for sexual purposes
 The above offences are treated as ‘aggravated’
• When the abused child is mentally ill
• When the abuse is committed by a person in a position of trust or authority
• The Act prescribes stringent punishment graded as per the gravity of the
offence, with a maximum term of rigorous imprisonment for life and fine
 • Rules in the Act is framed under:

• Preliminary (sec 1-2)

• Sexual offences against children (sec 3-12)
• Using child for pornographic purposes and punishment thereof (sec13-15)
• Abetment/ attempt to commit an offence (sec16-18)
• Procedure for reporting of cases (sec 28-32)
• Procedure for recording statement of the child ( sec24-27)
• Special courts (sec28-32)
• Procedure and powers of special courts and recording of evidence (sec 33-38)
• Miscellaneous (sec 39-46)
  Amends POCSO
 Salient features:
The  Rape on woman aged below 16 years- 20 years or
extendable to LI
Criminal  Rape on a girl aged below 12 years- 20 years RI
Law and maximum death penalty/LI
 Police officer committing rape: RI of minimum 10
Amendmen years
 Investigation in rape cases to be completed within
t Ordinance 2 months
 No anticipatory bail for accused of rape of girls age
2018 less than 16 years
 Appeals in rape cases to be disposed within 6
months
 Fine imposed to meet only medical expenses and
rehabilitation of the victim
  Enhancement of punishment, with a
provision of death penalty
 Pornography- imprisonment up to 5
years & fine; second or subsequent
POCSO conviction, punishment would be up to
7 years & fine
Act,2019  Penetrative sexual assault on child <16
(Amendment) years- punished with imprisonment up
to 20 years, may extend up to life
imprisonment as well as fine
 Aggravated penetrative sexual assault-
min 10 years to 20 years, max- death
penalty
 THE RIGHTS OF
PERSONS WITH
DISABILITIES ACT,
(RPWD) 2016
It recognizes 21 kind of disabilities.
Chapter VII of RPWD ACT 2016 deals with
certification of disabilities specified in the act.
Central govt should set Guidelines for assessment of
specified disabilities.
The appropriate Government shall designate persons,
having requisite qualifications and experience, as
certifying authorities, who shall be competent to issue
the certificate of disability.
The appropriate Government shall also notify the
jurisdiction within which and the terms and conditions
subject to which, the certifying authority shall perform
its certification functions.
 Application
Person with disability/ legal guardian/
organization registered under Act having
person with disability under its care.

Medical authority/ other competent authority/ medical authority of govt hospital where
person is being treated

VERFICATION OF INFORMATION
ASSESSMENT OF DISABILITY AS PER GUIDELINES
I. Locomotor disability including cerebral palsy, leprosy cured,
dwarfism, acid attack victims and muscular dystrophy;
II. Blindness and low-vision;
III. Deaf and hard of hearing and speech and language disability;
IV. Intellectual disability and specific learning disabilities;
V. Mental illness;
VI. Chronic neurological conditions;
VII.Haemophilia, thalassemia and sickle cell disease; and
VIII.Multiple disabilities.
 Guidelines for disability assessment in mental illness:

 In some cases where there is suspicion of

intellectual deficits or additional intellectual
evaluation is required for any reason,
Standardised IQ test may be carried out.
 Categories on IQ score will be:
In cases where the mental behavioural condition requires only IQ, then a
standardised IQ test shall be used to certify degree of disability. In some cases, only
one test may not estimate disability comprehensively. Such a person may have
borderline or normal score on one test with disability score on the other. In such
cases both IQ and IDEAS shall be used, the score Indicating more severe disability
should be the degree of disability for that person
Indian Disability Evaluation and Assessment Scale (IDEAS) is a scale for
measuring and quantifying disability in mental disorders, to be used for
assessment of disability related to mental illness.
Patients with only the following diagnosis as per ICD or DSM criteria are
eligible for disability benefits:
Schizophrenia
Bipolar Disorder
Dementia
Obsessive Compulsive Disorder
• Assessment is done by the Psychiatrist who
makes the diagnosis and certification.
• Trained social workers, psychologist, or
occupational therapists can do administration
of IDEAS .
 Items

 SELF CARE
 INTER PERSONAL
ACTIVITIES
 COMMUNICATION
AND UNDERSTANDING
 WORK
 Weightage for Duration of illness (DOI) :
 DOI: < 2 years: score to be added is 1
 2-5 years: add 2 .
 6-10 years: add 3
 > 10 years: add 4
 Global Disability -
 Total Disability score + DOI score = Global Disability
Score
 Percentages:
 0 No Disability = 0%
 1-6 Mild Disability = < 40 %
 7-13 Moderate Disability = 40 - 70 %
 14-19 Severe Disability = 71-99%
 20 Profound Disability = l00%
 Cut off for welfare measures = 40%
 NARCOTIC DRUGS
AND PSYCHOTROPIC
SUSBSTANCES
(NDPS) ACT 1985
 • Meant to face a very important social problem
• This is also one of the special acts that has come
before courts very frequently and having a large
number of conflicting judgments confusing the
general public.
• The statutory control over narcotic drugs was being
exercised under The Opium Act, 1852, The Opium
Act, 1878 and The Dangerous Drugs Act, 1930.
• The provisions of these enactments were found to be
inadequate because of the passage of time and
Introductio developments in the field of illicit drug traffic and
n drug abuse at national and international level. To
consolidate and to amend the existing laws relating to
narcotic drugs a comprehensive legislation was
considered to be necessary.
• Accordingly the Narcotic Drugs and Psychotropic
Substances Bill was introduced and passed by both the
Houses of Parliament received the assent of the
President.
• The opium act of 1857 was revised in 1878.
• Evolution
In 1950, the opium act of 1857 was revised asofthe
law
opium and revenue laws act 1950.
• On 16th September 1985, the above mentioned acts were repealed (called off) and Act 61 of NDPSA
1985 was enforced. It came into force on 14-11-1985 and amended in 1988,2001,2014,2021
• Reason: The scheme of penalties under the present Acts is not sufficiently deterrent to meet the
challenge of well organized gangs of smugglers.

Legislative intent of the Act

• To consolidate and amend the law relating to narcotic drugs.

• To make stringent provision for the control and regulation of operations relating to
narcotic drugs and psychotropic substance.
 Terms you need to know
1. Addict
2. Cannabis (hemp)
3. Coca plant and its derivative
4. Manufatured drugs
5. Opium and its derivates
6. Psychotrophic substances
7. Narcotic drugs
8. Illicit traffic
9. Controlled subhstance
10.Small quantity and commercial quantity
  Punishment for contravention in relation to
poppy straw: Rigorous imprisonment for not
less than 10 years which may extend to 20 years
with fine not less than 1 lakh rupees which may
extend to 2 lakh or more for certain reasons.
 Punishment for contravention in relation to
coca plant and coca leaves: Rigorous
imprisonment for a term not less than 10 years
Offences which may extend to 20 years with fine not less
than one lakh which may extend to two lakh
and rupees.
 Punishment for contravention in relation to
Penalties prepared opium: Rigorous imprisonment for a
term not less than ten years which may extend to
twenty years with fine not less than one lakh
which may extend to two lakh rupees.
 Punishment for contravention in relation to
opium poppy an opium: Rigorous
imprisonment for a term not less than ten years
which may extend to twenty years with fine not
less than one lakh which may extend to two lakh
rupees.
 years and shall also be liable to
fine which shall not be less than
one lakh but which may extend
to two lakh rupees.
 Punishment for contravention
in relation to cannabis plant
and cannabis:
i. Where such contravention
relates to ganja or the
cultivation of cannabis plant:
rigorous imprisonment upto 5
years with a fine upto fifty
thousand rupees.
ii. Where such contravention
 Punishment for contravention in
relation to manufactured drugs and
preparations: Rigorous imprisonment for
a term not less than ten years which may
extend to 20 years with fine not less than
one lakh which may extend to two lakh
rupees.
 Punishment for contravention in
relation to psychotropic substances:
Rigorous imprisonment for a term not less
than ten years which may extend to 20
years with fine not less than one lakh
which may extend to two lakh rupees.
 Punishment for illegal import in to India,
export from India or transshipment of
narcotic drugs and psychotropic substances:
Rigorous imprisonment for a term not less than
ten years which may extend to 20 years with fine
not less than one lakh which may extend to two
lakh rupees.
 Punishment for external dealings in narcotic
drugs and psychotropic substances: Rigorous
imprisonment for a term not less than ten years
which may extend to twenty years with fine not
less than one lakh which may extend to two lakh
rupees.
 Punishment for allowing premises, etc., to be
used for commencement of an offence:
Rigorous imprisonment for a term not less than
ten years which may extend to 20 years with fine
not less than one lakh which may extend to two
lakh rupees.
 Punishment for certain acts by licensee or
his servants: The acts are:
a) Omits, without any reasonable cause, to
maintain accounts or to submit any
b) Fails to produce without any reasonable
cause such license, permit or authorization
on demand of any officer authorized by the
Central Government in this behalf;
c) Keeps any accounts or makes any statement
which is false
d) Willfully and knowingly does not act in
breach of any of the conditions of license,
permit or authorization for which a penalty is
not prescribed elsewhere in this Act, he shall
be punishable with imprisonment for a term
which may extend to three years or with fine
or both.
 Punishment for illegal possession in small
quantity for personal consumption of any
narcotic drug or psychotropic substance or
consumption of such drug or substance:
a) Where the narcotic drug consumed is cocaine,
morphine, diacetylmorphine, or any other
narcotic drug or any psychotropic substance-
Imprisonment upto one year or fine or both.
b) Where the narcotic drug or psychotropic
substance possessed or consumed is other than
those mentioned above is punishable with
imprisonment upto six month or fine or both.
 Enhanced punishment for certain offences
after previous conviction: on second and
every subsequent conviction of offences:
Rigorous imprisonment for a term not less than
15 years which may extend to 30 years with
fine not less than 1 lakh 50 thousand rupees
which may extend to 3 lakh rupees.
 CRIMINAL RESPONSIBILITY
 It is a legal acknowledgement of an individual’s capacity to accomplish a act
of crime
 whether a person with a mental illness can be exempted from being
responsible for a criminal act, he/she has committed, on grounds of the mental
illness.
 Mental illness vs loss of reasoning power and Cure vs Punishment
 The defendant’s conduct is not excused
 Chance of acquittal but rarely used and hardly ever successful due to difficulty
in proving legal insanity.

As per the Indian legislations, a person with unsoundness of mind who is incapable of
knowing what he is doing is right or wrong cannot write a valid will, cannot enter into a
contract, cannot stand or vote in the election, cannot adopt or giving adoption of a child,
and cannot give his organ for transplantation to others. Hence, the law protects these
civil rights of the mentally ill
INDIAN LAW

 Sec 84 of IPC states that “ nothing is an offence which is

done by a person who, at the time of doing it, by reason of
soundness of mind, is incapable of knowing the nature of
the act, or that he is doing what is either wrong or
contrary to the law”.
 The insanity defense is usually used in charges of murder
in order to escape capital punishment
 According to the Indian law, idiots, imbeciles and persons
who are deprived of all understanding and memory, and
children below 7 or those between 7 and 12, of immature
understanding, are clearly not criminally responsible
 The law presumes every major person
to be sane unless the contrary is
proved to the satisfaction of the court
 The burden of proof is on the defense.
 Partial insanity or diminished
responsibility
It is important to mention here that the
expert evidence does not relieve the
court from forming an independent
opinion. The question of insanity is to be
primarily decided by the court, based on
the available evidences
 If the defendant is acquitted in the
ground of unsoundness of mind, it
is required by sec 334, CrPC, that
the finding shall state specifically
whether he committed the act or
not.

 If the act has been committed, then

the magistrate can either order for
detention in safe custody or in
psychiatric hospital or hand him
over to friends or relatives (sec
335 CrPC)
 FITNESS TO STAND
TRIAL

o ‘Fitness to stand trial‘ is a legal construct that

usually refers to a criminal defendant‘s ability
to participate in legal proceedings related to an
alleged offence (Mossman et al., 2007).
o The law provides an accused the right to
consult his lawyer to ensure that fair treatment
is provided to him.
o If the accused lacks the capacity to understand
the nature and the proceedings against him, to
consult his lawyer and to assist in preparing the
defense, then he may not be subjected to a
criminal trial.
o Sec 328-339 CrPC
 MENTAL STATE AT THE TIME OFFENCE

o Mentally ill offenders usually face trial in the same manner as

other offenders, though consideration is given to their mental
state at the time of crime.
o Before anyone can be convicted of crime, the prosecution must
prove that he carried out an unlawful act (actus reus) and an “
intent” that he had a certain guilty state of mind necessary at
the time of committing a crime ( mens rea, i.e. guilty mind).
o When a person is charged with an offence, defense can be made
that he is not culpable because he did not have a sufficient
degree of mens rea.
o This defense can be raised in three ways:
i. Not guilty by reason of insanity ( sec 84 IPC, McNaughten rule, 1843)
ii. Diminished responsibility ( not guilty of murder, but of culpable homicide
not amounting to murder or manslaughter). There is lesser degree of criminal
intent (mens rea)
iii. Inability to form intent because of automatism

 It is defined as an apparently purposeful and complex

behavior which occurs without conscious control, and for
which there is amnesia later.

 It occurs in- epilepsy, somnambulism, concussion,

intoxication, hyperglycemia in diabetics, hypoglycemia not
caused by insulin and other sleep disorders

 Sec 85 and 86 of IPC provide that an accused is not

criminally responsible , if the intoxication was administered
to him without his knowledge or against will.
• .
• Able to comprehend the charges framed. Presence of a mental
• Realizing the seriousness of the penalties disorder is obviously an
important factor in
if found guilty determining an
• Following the proceedings of the court. individual‘s fitness.
• Helping their lawyer to defend their
Mental disorder by
case. itself is not sufficient to
• Appropriate behaviour in the court. determine that a
defendant is unfit.

Depends on normal mental functioning.

‘Unfitness to stand trial’ thus depends on presence of a
mental disorder during the adjudication process (during
initiation, continuation, during verdict)
 Testamentary capacity/Mental capacity
• “Ability to make a will”
• A Will is an important document which enables the individual/living person to
rightfully leave his assets to whoever he chooses to, after his death. It is a legal
declaration of a person’s intention which he desires to be performed after his death
• According to Section 59 of the Indian Succession Act 1925,any person of sound mind
can make a will. A person who has reached the age of majority can make a will.

• A person suffering from mental disorder can make a will provided he is capable of the
required competency for making a will.
• Persons who are deaf or dumb or blind are not incapable in making a will, if they are of
sound mind.
• Persons, who are ordinarily insane, may make a will during an interval while they are of
sound mind.
• No person can make a will while he is in such a state of mind, whether arising from
intoxication or from an illness or from any other cause, since in these circumstances, the
person does not know what he is doing
Understanding of the nature of the act
(Will making) and its effects
Knowledge of the nature and extent
of one’s assets.
 Knowledge of persons who have a
reasonable claim to be beneficiaries.
 Understanding of the impact of the
distribution of the assets of the estate.
 A confirmation that the testator is
free of any delusions that influence
the disposition of the assets.
 Ability to express wishes clearly and
consistently in an orderly plan of
disposition.
 CHILD CUSTODY AND ADOPTION

 A psychiatrist may be requested by a court to give an opinion

about which parent should be given custody in cases of divorce.
 Generally it is presumed that the welfare of a child of tender
years is best served by maternal custody when the mother is a
good and fit parent.
 There may be a situation where the mother due to mental
illness is not able to take care of the child and the father is not
available, and no alternative arrangements are possible within
the family.
 In such a situation, the child may need to be placed in a foster
agency.
 In adoption cases, a psychiatrist may be
asked to give an opinion about the
suitability of the prospective adopting
parents.
 According to the Hindu Adoptions and
Maintenance Act, 1956, any Hindu
male “who is of sound mind and is not a
minor” can adopt a child, with the
consent of his wife unless “she has been
declared by a court … to be of unsound
mind”.
 Similarly, any Hindu female “who is of
sound mind”, is not a minor, and is not
married, can adopt a child.
 If she is married, then her husband
should also be of sound mind.
 The person capable of giving in adoption
 partners in cases of matrimonial dispute.
about the mental condition of one of the
A psychiatrist may be called to give an opinion

Marriage
and
This may include a question about the condition

divorce
of one of the partners at the time of marriage or
whether the husband or wife is suffering from a
mental illness, and if yes, whether it is of such
severity that the person is not able to lead a
responsible married life because of the mental
illness.
 • According to the Hindu Marriage Act (Act 25 of
1955), Section 5(ii) introduced by Act 68 of 1976, if at
the time of marriage any party is incapable of giving a
valid consent due to unsoundness of mind; or though
capable of giving consent, has been suffering from
mental disorder of such a kind or to such an extent as
to be unfit for marriage and the procreation of
children; or has been subject to recurrent attacks of
insanity or epilepsy, the marriage shall be voidable and
can be annulled by a decree of nullity under Section 12
of the Act.
According to Hindu Marriage Act, Parsi marriage Act, and Christian marriage Act,
respondent has been incurably of sound mind or has been suffering continuous or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably expected to live with him.
 As per the Muslim marriage Act, Muslim women can seek
divorce on the ground that her husband has been insane for a
period of 2 years. Indian divorce act (for Christians) –
unsoundness of mind is a ground for divorce on two conditions:
 It must be incurable
 It must be at least for 2 years immediately before filing the
petition.
Telepsychiatry is appropriate in forensic
settings,and its use is associated with costs
savings.There are certain legal and ethical
challenges in telepsychiatry related to licensure,
privacy, security, confidentiality, consent, and
professional liability.

The use of telepsychiatry in the prison setting

may help to improve the quality of care provided
and overcome some barriers to achieving the
goal.Its use may enable agencies such as the
Future
courts or prison to access forensic psychiatrists’
expertise in a timely and efficient manner.
directions
It has also been used for forensic examination in
cases where physical or sexual abuse is alleged,
particularly for children. This allows clinicians to
share images and discuss results with forensic
experts, and has the potential to improve the
evidence-gathering process.
• The forensic psychiatry in India is to focus on the followings:
 Active training of postgraduates in forensic psychiatry
 Research activities
 Better understanding and implementation of the mental health
legislations
 Improving prison psychiatry units.
 Finally, we have to understand that the majority of psychiatric
patients do not require any intervention from the law and can be
managed comfortably in day-to-day practice without any clinical
or legal conflict
 Conclusion

 Forensic psychiatry is an important subspecialty of psychiatry.

 Forensic psychiatrists play an important role in the society in assisting the judiciary in many
complicated cases.
 Preparing reports of forensic psychiatric evaluation is an essential part of psychiatric practice.
 Psychiatrists need not feel anxious or nervous about preparing forensic reports.
 Psychiatrists should always base the expert opinion on the objective information available.
 If adequate information is not available, it should be put on record and communicated to the court.

• One needs to be clear and honest in making a

report and avoid psychiatric jargon.
 Conclusion

• The most common ethical dilemma in forensic psychiatry arises

from a conflict between two principles:
• (1) Beneficence or promotion of welfare and
• (2) respect for justice.
• Based on the concept of Parens Patriae, the government should
care people who are legally unable to act on their own behalf. It is
not just patient's welfare, but welfare of others is also considered.
The justice paradigm has its roots in criminal jurisprudence and
the practice of criminal law
Thank You