that underlie mental and behavioral functioning. These disturbances are usually
associated with distress or impairment in personal, family, social, educational,
occupational, or other important areas of functioning'. This Chapter has 161
categories recognized as diseases of psychiatric origin. These categories are
enlisted under twenty blocks. Some of the blocks which may be relevant to
Forensic Mental Health in the context of criminal administration of justice are:
Neuro-developmental disorders, Schizophrenia, Catatonia, Mood disorders, Anxiety
or related fear disorders, Obsessive compulsive disorders, Disorders associated
with stress, Dissociative disorders, Disorders due to substance use or addictive
behaviors, Impulse control disorders, Disruptive behavior or dissocial disorders,
Personality disorders, Paraphilic disorders, Factitious disorders, Neuro-cognitive
disorders, Mental and behavioral disorders associated with pregnancy and
puerperium, Secondary mental and behavioral disorders due to other diseases.
36. The term "mental disorder" has also been defined in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5) published in 2013, as under:"A mental disorder is a syndrome characterized by clinically significant
disturbance in an individual's cognition, emotion Regulation, or behavior
that reflects a dysfunction in the psychological, biological, or developmental
processes underlying mental functioning. Mental disorders are usually
associated with significant distress or disability in social, occupational, or
other important activities. An expectable or culturally approved response to
a common stressor or loss, such as the death of a loved one, is not a mental
disorder. Socially deviant behavior (e.g. political, religious, or sexual) and
conflicts that are primarily between the individual and society are not
mental disorders unless the deviance or conflict results from a dysfunction
in the individual, as described above."
37. An examination of the definitions for mental illness provided for in the
domestic and foreign laws establishes the fact that the terms "mental illness" or
"mental disorder" are both used to refer to mental ailments and are defined by
medical science. It is with the developing nature of medical science that scope of
these terms may also evolve. Therefore, we are of the view that a limited definition
of the terms "mental disorder" or "mental illness" should be avoided, and the
Provincial Legislatures may, in order to better appreciate the evolving nature of
medical science, consider to appropriately amend the relevant provisions of mental
health laws to cater for medically recognized mental and behavioral disorders as
notified by WHO through its latest edition of ICD. It has been noted that the
evolution of medical science and human rights has sensitized the society to
stigmatic labels such as "unsound mind", "lunatic" and "insane". Latest legislations
all over the world do not use such terms. Therefore, we consider it appropriate to
direct that the terms "unsoundness of mind" and "unsound mind" occurring in
P.P.C., Cr.P.C. and the Prison Rules be substituted with term "mental disorder" or
"mental illness". The term "lunatic" wherever occurs shall also be substituted
appropriately.
38. We now proceed to address the question "How should the trial Court deal
with the plea of an accused that he/she was suffering from mental illness at the time
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