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FORENSIC PSYCHOLOGY - BY S.JAILANI MEERA NOWSHIN

INTRODUCTION 

Forensic psychology is a field that deals with both psychology and the law. Forensic psychology (defined to include research as well as direct and indirect service delivery and consultation) within or in conjunction with either or both sides of the legal systems criminal and civil. The history of forensic psychology in India can trace back to 1968, when the first lie detection division was setup at the central forensic science laboratory (CFSL) of central bureau of investigation (CBI).

CHRONICLE OF FORENSIC PSYCHOLOGY IN INDIA

During the British rule in India few mental asylums were established and mostly with the aim of removing unfortunate mentally ill patients from human visibility. The British also brought about written laws (i.e.) Indian lunacy act promulgated in (1912) and they brought the modern systems of medicine in the country with it comes the modern trends in psychiatry in India during the past many years and even now 
  • THE MENTAL HEALTH ACT, 1858
  • Mental health legislation was first enacted in India in 1858 based on two acts of 1858 into three parts of acts. 
LEGISLATIONS
. Lunacy (supreme court ) Act, 1858 
. Lunacy ( District court) Act,1858 

. Indian lunatic asylum Act, 1858 
. Indian lunacy Act, 1912 
. Mental health Act, 1858.
HOW MENTAL HEALTH ACT ENACTED IN INDIAN LAW IN FORENSIC PSYCHOLOGY : The mental health bill, 1986 was adopted by the rajya sabha and sent to lok sabha it was adopted by the lok sabha in 1987 after sailing through the parliament for 9 years and received the assent of the president on may 22,1987 to become the mental health act, 1987.
APPLICABILITY OF FORENSIC PSYCHOLOGY IN COURT : During this time, psychologist were beginning to act as expert witness in criminal trails throughout Europe in 1896, a psychologist by the name of albert von schrenck -notzing testified at a murder trail about the the detects of suggestibility on witness testimony in 1915, an American psychologist Munsterberg’s published on the witness stand a book advocating the use of psychology in legal stuffs.
MATERIALITY OF VARIOUS LAWS RELATED TO PSYCHOLOGY
These are various acts and laws relevance to psychology  
➢ Section 84, IPC 
➢ The mental health act, 1987 
➢ The lunatic act,1912 
Section 84 of Indian penal code, person of unsound mind according to this act if a person has committed an offence because of unsoundness of mind and does not understand the nature of his/her act/ he/she does not realize that he is doing wrong contrary to law.
Indian lunacy Act,1912 it is an Act to consolidate and amend the law relating to lunacy. These are certain definitions used in this act which as follows 
. Asylum
. Cost of maintenance 
. District court
. Criminal lunatic 
. Lunatic
. Magistrate
. Magistrate or magistrate of the first class
. Medical officer
. Prescribed
. Reception order. 
CRIMINAL LAWS OF MENTALLY ILL OFFENDERS
. Mentally ill persons who commit a crime are dealt in sections 328, 329 of CRPC, 1973 
. Criminal responsibility section 84, IPC 
. Attempt to commit suicide -section 309 IPC. 
 . Right to private defence against an insane person section 98 IPC.
CONTRAVENTION OF RIGHT TO A FAIR TRAIL
Various conditions such as mental retardation, mental illness and neurologist  issues that effect emotional, cognitive and behavioural faculties of a person which can impact ability of a person to defined a case competency to stand a trail is assessment of mental abilities of a person to defend their case. The mental capacity of a person to participate in a legal proceeding is dealt in competency to stand trail. 

These are various reasons for determining  the competency to stand in trail these are
. To safeguard the accuracy of the proceedings 
. To ensure procedural fairness 
. To preserve the dignity of the legal system 
. To achieve the objectives of sentencing  
Bonnie gave three part rationale are, 
. Dignity
. Reliability  
. Autonomy
RIGHT TO FAIR TRAIL IS A HUMAN RIGHT AND IS LISTED UNDER THE FOLLOWING ACTS AND SECTIONS
➢ Article 14 of the international covenant on civil and political rights which has been approved by India and is now part of the protection of human rights 1973 recognizes the right to fair trail as human rights. 
➢ The concept of a fair trail constitutional imperative recognized in articles 14, 21, 22 and 39-A.
➢ The code of criminal procedure (Crpc) 1973 (procedure in case of accused being lunatic CRPC section 328, 329 and 330). 
SEVERAL SPECIAL ACTS RELEVANCE TO MENTAL HEALTH
➢ Narcotics drugs and psychotropic substance Act (NDPS),1985 (Amended 1988) 
➢ Domestic violence Act,2005 
➢ Critical aspects of MHA,1987 
➢ Consumer protection Act,1986 
➢ The protection of children from sexual offences Act, 2012. 
CONCLUSION
Therefore forensic psychology is so heavily intertwined with the legal field, itrequires an understanding of fundamental legal principles, such as those regarding standard legal practices and used by legal professionals such as expert witness testimony, competency of witness and insanity defections and evaluations and so. In order to be able to communicate effectively with judges, attorneys, and other legal professionals. Currently, the scenario of forensic psychiatry is changing a lot in India. Compared to may other SAARC countries mental health care legislations are much progressive, client oriented, and protect the rights of the persons suffering from mental health problem.

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