Question

Durham doctrine means

• A. That an accused is not criminally liable if his unlawful act is the product of immature understanding due to immature age
• B. That an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect
• C. That an accused is criminally liable if his unlawful act even if it is the product of mental disease or mental defect
• D. None of these

Hint:

For criminal law, be familiar with the different tests for insanity. The M'Naghten Rule (the "right-wrong" test) is the most important for the Indian context (Section 84 IPC). The Durham Rule (the "product" test) and the Irresistible Impulse test are other important concepts from comparative criminal law.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the definition of the "Durham doctrine," which is a specific legal test for the defense of insanity in criminal law.
Step 2: Detailed Explanation:
The Durham rule, also known as the "product test," originated from the 1954 United States Court of Appeals case, \textit{Durham v. United States}. The rule states that an accused is not criminally responsible if their unlawful act was the product of a mental disease or mental defect.
- This test is different from the more common M'Naghten Rule (followed in India under Section 84 IPC), which focuses on whether the accused knew the nature of the act or that it was wrong.
- The Durham rule is broader because it only requires a causal link between the mental illness and the criminal act. If the act was a "product" of the disease, the accused is not guilty.
- Option (A) describes the defense of infancy (doli incapax), not insanity.
- Option (C) states the opposite of the doctrine.
Step 3: Final Answer:
The Durham doctrine means That an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect.