Serial killer defines a person who commits one who commits more than one murder without an intention under unsoundness of mind or was under any medical sickness at the accent of commitment of offence.
Such a person who commits such offence are most often under a medical sickness of mind who don’t have a knowledge of the exertion he is doing. There are laws under Indian federation for offence liable under murder.
There are several sorts of serial killers and how they become a serial killer. Such as lust, depression, anxiety, unsoundness of mind by birth, provocation and etc are some sort of feelings and emotions which most probably disturbs the mind of the person and promoting him to do such crime. It can be under consent or it can be under insanity. And if it is under consent, then there are laws to deal with it and if it is under insanity then there is no offence which was not committed with intention or knowledge of the act being done.
The Indian law provides the federation with strict allocation to deal with murder under criminal law. Under section 302 of Indian Penal Code, it deals with the prosecution for murder. It says that whoever with intention commits an offence of murder shall be liable with heavy prosecution of life imprisonment or may also liable for death penalty that is section 50 of the Indian Penal Code.
But if it comes under serial killer, it means that a person who is of unsound mind at the accent of commitment of offence shall not be held liable under section 84 of Indian Penal Code. Because, the law needs an intention for commitment of offence such as murder. But if a person has proved to be unsound mind at the accent of commitment of offence then there is no “Mens Ria” that is intention or consent for commitment of offence is found. Then under such a condition, a person can’t be held liable since at that particular time, the person was not aware of what exertion he is doing. He is out of his mind and has no knowledge of the act he is doing.
There is one case law under which the court held that there is no offence concluded if the person at the accent of commitment of offence is proved to be of unsound mind. He will not be held liable under law. Since, there is no intention, motive and consent of the person found in commitment of offence. And to find the person liable under crime, intention should be found under criminal law.
There are some of the issues which comes under consideration are:
1. If a person is of unsound mind at the accent of commitment of offence, then because of him why the victims are being injustice in front of the law?
2. What makes such insanity of mind to do such exertion?
3. Is there any law which deals with the insanity of mind under criminal situation and if it is allotted, then whether the victims are getting justice with it?
4. What is the burden of proof under insanity?
The answers to all these questions might be, till now the Indian law has provided with allocation which deals with murder with intention. And the crime without intention is not an offence under the law. But it is observed that if a person proves to be of unsound mind at the accent of commitment of offence, then there should be some at least lenient law which deals with such insanity. And after the treatment of the accused, he should be then prosecuted for the offence. Because it is true that there was no intention to commit the offence. But if there is no intention it doesn’t mean that the pain which the victim has gone through should be set aside. Why, because of the accused insanity or unsoundness of mind the victim ease has been spoilt and destroyed. And this comes under article 21 of the constitution.
And if we talk about burden of proof. Most of the time, the defendant fails in proving his insanity. And held liable under law. But in some case if the insanity of mind is being proved then it is not liable. It depends upon the way the defendant convinces the court about his insanity at the accent of commitment of offence.
I would like to conclude here that, if a person is of unsound mind at the accent of commitment of offence, still the person shall undergo small or lenient prosecution in keeping the victim’s condition under perforation. Because justice should be divided and should be provided to each and everyone. The government and the court should rely on it. Because if anyhow the accused proof himself to be under insanity at the accent of commitment of offence, and if he is not so under such condition, then the victim will be under risk of his or her else of getting murdered, raped or injured by the accused. And if the accused is really an insane, then he should be strictly kept under medical treatment for further risk to the victim. And after the accused got treated, he should be prosecuted for the same to provide justice to the victim.
~Author - Mahitha Lall
3rd year , B.A.LLB
Vels Institute of Science and Technology