Unconscious Actions and Criminal Liability: Rethinking Mens Rea in Light of Modern Neuroscience

Abstract

The intersection of neuroscience and criminal law challenges traditional notions of mens rea and criminal responsibility, particularly in cases involving unconscious actions or impaired mental states. While Indian jurisprudence emphasizes intentionality through actus reus and mens rea, it struggles to accommodate conditions like automatism, epilepsy, or trauma-induced dissociation. Section 84 of the IPC (now section 22 of Bharatiya

Nyaya Sanhita, 2023) offers limited protection, often excluding non- psychotic disorders and placing undue burden on the accused.

Judicial inconsistencies further complicate adjudication, as seen in cases of sleepwalking or neurological impairments. This chapter emphasize on cautious integration of neuroscientific insights to refine legal frameworks, balancing accountability with diminished culpability. Reforms must expand definitions of unsoundness of mind, distinguish automatism from insanity, and incorporate expert testimony while preserving core legal principles.