Law against Person of unsound mind

In India mental illness comes under the Person with disability act 1995 however mentally challenged have denied the rights and reservation that is available to the physically disabled. In the democratic country like India, there is a separate provision of law for the mentally unstable person. The constitution of India does not allow punishing a person of unsound mind, there are several medical terms used for a person of unsound mind such as psychopathic disorder, mentally retarded and insanity.

The crime that has been done by the mentally ill person is not subjected to the punishment that is usually given to the criminals. If the offence is declared against the person who is mentally ill, the court is bound to discuss the case with the medical experts and after fully examining the medical condition the report goes to the court and after re-examine the medical term and condition the person will be send for the required treatment.

Indian law does not allow Police or any other governing authority to put a lunatic and mentally challenged person behind the bars this is termed as illegal. If the court considers the offender mentally unstable then it was a responsibility of the government and the police to send the offender to the mental asylum. The cost of the treatment should be taken care by the government and it should be the responsibility of the policy to check it out that the mentally challenged offender will not be harmful for the civilians.