Punishment for murder in sleepwalk?

I can guide but tell material facts and not fantasy query . If person has done crime in sleep how to prove I know method medically and scientific in court but no time pass query

only hint person has to prove scientific that person had that disease , you need help of particular type of Dr plus Aims certificate I know very well but sorry no time pass query

how many years of punishment for this crime?

In some countries accused was acquitted , procedure adopted there if followed in India of presenting scientific and medical evidence chances are high of acquittal . But trained dr to certify it are very few . AIIMS have facility to make diagnosis and conclude .

I can not reveal further details because Dr also avoids such criminal cases , so won't give details for a academic purpose because those dept dr may get annoyed on me . Only geniune case I can guide . Imp you can not fake those disease , on Medical equipment every parameters are observed of body

Sleepwalking crime is punishable??

I have testified in similar case in the USA.   Sleepwalking or Somnabulance is a  behavior caused by multiple medical conditions or can be rsult of side effects of medication such as sleeping pill, Zolpidem.  

In order to prove that the crime committed was a direct result of sleepwalking is extremely difficult to prove.  Because first, you have to prove that the accused had a clinical condition or mantal derangemt due to a drug....and then, you have to prove that the criminal behavior was a direct consequence of somnambulance.

Just last week, In  United States ,an Indian young man was given 10 years of prison sentence because he was flying in aeroplane with his wife in next seat and a young women on other next seat. He was accused of s*xual assault on the young woman.  He pleaded that he took a medicine which made him unbutton the bra and reach the woman's genitals and he didnot know what he was doing.  The case was discussed at lenghth in court and testimonies of medical experts was taken.  

He could not prove that the medicine was the cause of his behavior as he admitted that the medicine was Acetaminophen.  He could not prove by his past medical history and records that he had a disorder of sleepwalking.  Drug screen didnot show any other drug or medicine.

I am not saying that it is not possible to use  this defense but it will be very difficult process to tie the behavior and establish that the behavior was a direct result of sleepwalking.  Unless there are full details of case, nothing can be said with certainty.

 

you need to get the medical records/psychiatric evaluation records before and after the criminal behavior. A detailed analysis including the accused man's drug and medication history, current mental status and a lot of other corroborative evidence will be needed to win with such defense.  There is no harm in trying. It might soften the stand of Judge even if can not prove it fully but can create a reasonable doubt in the mind of the Judge.

There are more than 100 sleep disorders exact no I don't know , person qualified to certify must have completed 1 year course after neurology . Neurology itself is very long course . Under strict medical conditions test has to be done . Cost of such test in private hospital is around 1 lakh RS including all pre test . Every parameters of body is kept on observations . Brain , heart , body . And I repeat of done under correct conditions faking not possible . Specialist Dr has to check and certify and give evidence in court . If you say he was under influence of drugs he will be taken as if normal person no exception he can enjoy .

Further details you can discuss with me personally but only if real query , because to talk to such dr for one consultancy person has to pay fee of 3 to 5 thousand , so dr opinion has to be taken I can tell which and whom to contact but again only geniune case

It is not uncommon to take "by reason of insanity " defense in the USA.   The crucial point in taking this defense is that the accused  was mentally so deranged that he didnot understand the nature and consequences of his behavior at the time of crime.

Some conditions which can cause temporary acute insanity are Micro Psychotic Episodes, drug induced delirium, acute delusional disorder,  acute Post traumatic stress disorder, Dissociative episode, schizophrenia , acute mania with delusions and simple altered mental state due to a medicine or drug suchn as PCP or Zolpidem. 

Some famous cases where "by reason of insanity" defense was used successfully in USA are...Lorena Bobbit case, Jodi Arias Case.   "By reason of insanity" defense is difficult to take in India as legal profession is ignorant about connection between crime and mental conditions.  Until last year, suicide in India was a "crime"   Luckily, it was decriminalised last year. 

Just fyi in case you dont know: less than 10% of people claiming to be insane while committing crime are acquitted in the u.s.

This has to be proved beyond reasonable doubt. No simple excuse !!!