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BEYOND THE CRIME: HOW MENTAL HEALTH AFFECTS VICTIMS, WITNESSES AND OFFENDERS.

8 May 2025 by
BY DRASHTI DAVE
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BEYOND THE CRIME: HOW MENTAL HEALTH AFFECTS VICTIMS, WITNESSES AND OFFENDERS. 

 Introduction :

According to the WHO,  mental health means a state of complete physical, mental, and social well-being and not merely the absence of disease. 

In ancient times, only physical well-being used to  be considered, but now in modern days, mental well-being plays an important role in any individual's life.

To talk about mental health, an unstable mind, and the presence of any disorder is shameful, but it is mandatory to solve that and to take action against that. 

MENTAL HEALTH CARE ACT,2017:

The Mental Health Care Act,2017, was enacted by the government of India. It ensures that every individual has the right to access mental health services without discrimination.  The act decriminalizes the attempt to die by suicide, recognizing it as a mental health issue rather than a criminal act.  Individuals have the right to make an advance directive regarding their treatment in case of mental illness. They can also appoint a nominated representative to make decisions on their behalf when they are unable to do so. 

WHAT IS CRIMINAL  PSYCHOLOGY? 

Criminal psychology is a field of applied psychology that studies the thoughts, behaviours, and motivations of individuals who commit crimes. It aims to understand why people engage in criminal activity, how to prevent it, and how to effectively manage and rehabilitate offenders. 

Cesare Lombroso is considered the ‘ father of criminology’. The famous say, ‘Criminals are not born criminals’.  So the environment around a person is responsible for their mental health. No person is born a criminal, the situation makes him so. Government officers also work to bring all criminals back into society. They try to improve the mental condition of those people. 

Some causes affect an individual: Poverty, Unemployment, negative social environment,  Weak schooling, and most important is poor mental health.  Some disorders like PTSD, anxiety, mood disorder, and personality disorder, affect mental health.  The long period of all of this makes a person mentally ill, and they need therapy, medication, and counselling.  

Disorders like PTSD is  mental health condition that can develop after a person experiences a traumatic situation such as war, a natural disaster, a serious accident, physical or sexual assault, or life-threatening events. One of the main feature is  the presence of intrusive thoughts, such as unwanted memories,  flashbacks, or nightmares related to that traumatic event. Personality disorders play an important role in criminal psychology, People with personality disorders may have difficulty forming and maintaining relationships, managing emotions, and functioning socially or professionally.  Personality disorders are highly relevant  to criminal  psychology. For example, individuals with antisocial personality disorder show a negative behaviour towards others' rights, lack empathy, and may engage in deceitful, aggressive or  impulsive acts. Criminal psychologists study how these enduring personality traits influence behaviour, particularly in relation to violence, manipulation, and recidivism ( repeat offending). 

MENTAL HEALTH AND VICTIMS: 

A victim is a person who has suffered harm, Injury, loss, or trauma as a result of an act committed by another.  Mental health plays a crucial role in the experiences of victims, as exposure to  traumatic events, such as assault, physical -  mental  abuses or violence. Victims suffer from mental disorders like  PTSD, depression , anxiety, and emotional stress, it affects the victim’s ability to  function in daily life, maintain relationships or feel safe.  Understanding the  mental health of victim’s is essential not only for their care but also for  accurately assessing witness credibility, courtroom testimony and the broader psychological  impact of crime. Supporting victim’s mental health is crucial aspect of justice and rehabilitation systems. 

Example : A 24 year old student  , was involved in a serious road accident where he narrowly survived but saw a fellow passenger die on the spot. Although  he recovered physically after a few weeks, his mental health began to decline. He developed a fear of traveling , especially in cars or buses, and stared having nightmares and flashback of the accident.  The emotional trauma from the  accident made it difficult for him to focus on studies or enjoy everyday life. 

MENTAL HEALTH AND OFFENDERS :

An offender is a person who has committed a crime or violated the law. There are types of offenders like juvenile offenders, first-time offenders, habitual offenders, and mentally ill offenders( a person who commits a crime while suffering from a mental illness).  People with mental disorder that we discussed earlier may commit crimes due to : confusion or delusions , impulsive or poor control over emotions , lack of understanding of right and wrong.  Many prisoners and criminals have mental health issues that were never diagnosed or treated. 

Example : A man with untreated schizophrenia starts experiencing delusions and believes his neighbor is spying on him. In a state of paranoia, he attacks the neighbor. He may be declared not guilty by reason of insanity and sent to a psychiatric hospital instead of jail .

MENTAL HEALTH AND WITNESS : 

 A witness is a person who provides evidence or testimony in a legal case, either through what they saw, heard, or know about the events in question. 

A person with poor mental health conditions may face challenges in recalling events accurately, understanding the proceedings,  or communicating effectively. Courts often require a psychiatric evaluation to assess whether the witness understands the nature of the testimony and can distinguish between truth and falsehood. 

Example :  A woman who has witnessed the accident of her son is called to testify. She has been experiencing depression and anxiety, she is not able to speak in front of the court. She is given  support from mental  health counsellor. 

JUVELINE AND MENTAL HEALTH : 

Mental health is a critical factor in the behaviour and legal treatment of juvenile offenders.  As offenders, many juveniles may suffer from mental disorders. Their underdeveloped emotional control and cognitive skills often make them more vulnerable to committing offenses, especially under peer pressure or family neglect. When a juvenile is a victim, such as in cases of abuse, trafficking, or violence, the psychological impact can be severe, often resulting in anxiety, PTSD, or trust issues that affect their development and long-term mental health. As a witness, a juvenile’s mental health may affect their ability to recall events accurately, express themselves clearly, or handle the stress of a courtroom setting. 

CONCLUSION:

Incorporating mental health considerations into the criminal justice process is not merely beneficial but essential. It ensures that all individuals- victims, witnesses, and offenders receive the support and care they need, leading to a more just and humane system. Prioritizing mental health can bridge gaps in understanding, promote healing and pave the way for a more equitable society.

BY DRASHTI DAVE 8 May 2025
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