Admissibility of Psychological Autopsies: A Legal and Critical Analysis

Abstract

Abstract

Psychological autopsies have emerged as a important tool in forensic investigations, particularly in the cases of ambiguous deaths, suicides and mysterious custodial deaths. By reconstructing a deceased person's mental state through retrospective analysis, psychological autopsies provide invaluable insights in those cases where oral and circumstantial evidence are not sufficient.

Despite the growing relevance of psychological autopsies in various civil and criminal cases, India lacks a legal framework for the use of psychological autopsies. Due to this psychological autopsies are not considered potential evidence in deciding cases. Apart from this there is no common International standardized protocol to be followed in conducting psychological autopsies. In such a situation there is need for doing more research so that psychological autopsies can be properly utilized for deciding cases.

In this study a brief research of existing literature has been done to understand the concepts and techniques involved in conducting psychological autopsies. Further those cases where psychological autopsies have been used as potential evidence have been studied. Next analysis of existing legal framework and standards have been done to understand challenges faced by psychological autopsies. This research results in identifying applications of psychological autopsies, its challenges and reforms that can strengthen psychological autopsies in India.

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