Law Meets Mind: Intersections In The Indian Legal Framework

Abstract

The progression in India with respect to the link between psychology and law has gone from an older conceptualization of humans to newer methodologies based on science. Ancient texts such as Manusmriti and Arthashastra made clear that humans play a crucial role in the entire process of the law. This link was further fostered through the establishment of a forensic psychiatry unit and a lie detection unit within the CBI after India’s Independence in 1968. The case of Selvi v State of Karnataka (2010) provided important recognition for individuals to have protection from self-incrimination and have the right to consent before being subject to a polygraph examination or narco-analysis. Both psychology and the law seek to describe the changes to a person's behavioural actions. Furthermore, psychology provides the courts with assistance in making determinations about guilt or innocence, the severity of sentencing, rehabilitation of offenders and the admissibility of evidence. The relationship between psychology and law has great importance to the delivery of justice in a multi-cultured society; thus, this relationship is particularly valuable for applying juvenile law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 and determining the competency of the accused to stand trial. Psychology principles have been given judicial precedence through the courts. In accordance with Section 22 of the Bharatiya Nyaya Sanhita 2023, the courts are required to consider the provisions in Section 84 of the IPC and M'Naghten as supporting evidence to the defence of mental incapacity. Decision-making, memory reliability, and bias have been explained by behavioural and cognitive Psychology. Criminal Profiling, Eyewitness Evaluation and Victim Support are some of the practical applications of the field. Although there has been some progress made, continuing problems of insufficient expertise, evidentiary issues and ethics necessitate changes in order to enable a more just system of punishments within the community.