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Fitness to Stand Trial

Definition

The capacity to participate meaningfully in criminal proceedings: understanding the nature of the charges, following the evidence, and instructing counsel. In England and Wales: Pritchard criteria (1836). In the US: Dusky v. United States (1960). In India: CrPC / BNSS empowers courts to order examination and remand to a mental health facility if the accused appears of unsound mind.

Related terms

BNS § 22 / IPC § 84
India's statutory insanity defence: nothing is an offence done by a person who, by reason of unsoundness of mind at the time...
Durham Rule (1954)
The insanity-defence standard from Durham v. United States (1954) 214 F.2d 862 (DC Circuit): an accused is not responsible if the unlawful...
Mental Capacity Act 2005 (England and Wales)
Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...
M'Naghten Rules (1843)
The insanity-defence standard from (1843) 8 Eng Rep 718, formulated by the House of Lords in response to the acquittal of Daniel...
MPC Substantial-Capacity Test
The insanity-defence standard from the Model Penal Code (ALI, 1962) § 4.01: not responsible if, as a result of mental disease or...
Selvi V. State of Karnataka (2010)
Constitutional bench judgment (2010) 7 SCC 263 holding that compelled narco-analysis, polygraph testing, and brain-mapping violate Article 20(3) and Article 21 of...
Testamentary Capacity
The legal capacity to make a valid will. In England and Wales: the Banks v. Goodfellow (1870) test. In India: Indian Succession...

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