AKHTAR & JAGAWAT There seem to be two compelling reasons: first, criminal culpability requires the presence of 'mens rea', or the intent to commit a criminal act; in­ dividuals who lack this capacity of 'free will* can not form a criminal intent. Second, the*purpose of the criminal justice system is not served by punish­ ing those who do not have the capacity of making a free rational choice (Tarceredi et al, 1977). There is, however, an urgent need to modify the insanity defence so that the testimony of the psychiatrist may become an important ingredient for our criminal justice system. A formulation like 'irresistible impulse' has practical difficulties and the dividing line between the irresistible impulse and the impulse not resisted is very thin. Durhams's Rule of 'product of mental illness' will also not be acceptable to us, which may even excuse a crime committed by a person with antisocial personality disorder. For at least heuristic reasons, they must be responsible for their act (In­ sanity Defense Workgroup, 1983). The formulation proposed by Bonnie (1983) and modified for our purpose is amply suited for our country which states that, "A person may not be guilty by reason of insanity if it is proved on the balance of probabilities that as a result of mental disease and mental retarda­ tion, he was unable to .appreciate the wrongfulness of the act at the time of offence"; it must be clarified that "mental disease should be only those mental conditions that grossly and demonstratively impair a person's perception and reality contact and it could not be attributed to voluntary ingestion of alcohol or other intoxicant". Such a formulation will be helpful for psychiatrists to give a conclusive opinion and their testimony will be more respectable. It must be very clear that the opinion of a psychiatrist is only viewed as advisory by the court and as a statement of probabilities and not factual truth. Nonetheless, psychiatric testimony will command more credibility and will have a potent influence on the justice system. REFERENCES Amelia, P. (1982) Reflection on the current proposal to abolish or reform the Insanity Defense. American Journal of Law and Medicine, 271-281. Bonnie, RJ. (1983) The Moral Basis of Insanity. American Bar Association Journal, 69, 194-97. Blueglass, R. & Bowden, P. (1991) Text book of Forensic Psychiatry. London: Churchill Livingstone. 28 Benezech, M., Yesvage, J A . & Add, A.M (1973) Homicide by psychotics in France: A five year study. Journal ofClinicalPsychiatry, 8,220-229. Boomrang, W. (1979) The Use ofPsychiatry in the Law. Westport, Connecticut: Quorum Books. Globogin, C , Melton, G. & Showalter, C.R. (1984) The feasibility of brief evaluation of men­ tal state at the time of offence. Journal of Law and Human Behavior, 8,305-320. Insanity Defence Workgroup (1983) American Psychiatric Association Statement on the In­ sanity Defense. American Journal of Psychiatry, 140,681-688. Kherajmal vs State, (1955) AIR Sou, 13. Marfatia, J.C. (1972) Psychiatry and Law. Bom­ bay: Popular Prakashan. Modi, J.N. (1969) Textbook of Medical Jurisprudence and Toxicology. Bombay: N.M.Tripathi Pvt. Ltd. Pasewik, R. & Craig, P. (1980) Insanity plea: Defense Attorney's view. Journal of Psychiatry and Law, 8,413. Rath, N.M. & Dash, B. (1990) A study on Insanity related homicide. Indian Journal of Psychiatry, 32,69-70. Richard, A., Pasewik, J.R. & Beiber, S. (1987) Differentiating successful and unsuccessful In­ sanity plea. Journal of Psychiatry and Law, 1, 158-72. Roger, R. (1987) Assessment of criminal respon­ sibility: Advance and unanswered questions. Journal of Psychiatry and Law, Spring, 73-81. Roger, R., Cavanagh, J.L., Semen, W. & Harris, M. (1984) Legal outcome and clinical findings of Insanity: Bulletin of American Academy of Psychiatry, 78-83. Saxena, R.M. (1992) The Indian Penal Code, 13th Edition. Allahabad: Central Law Agency. Shivraj Singh Vs State of M.P. (1975) M.PLaw Jourral, 98. Simon, R J . (1967) The Jury and Defense of In­ sanity. Boston: Little Brown and Co. Simon, R J . (1983) Defense of Insanity. Psychiatry andLaw, Spring, 183-184. Smith. J.C. & Hogan, B. (1978) Criminal Law. London: Butterworth. Somasundaram, O. (1960) Guilty but insane. In­ dian Journal ofPsychiatry, 34, 340-43. Somasundaram, O. (1974) Crimes and person with