Criminal act in sleep walking

[ishaqswat2000]

is it a defense in if a person commit a criminal act in sleepwalking ? like assault or rape etc ... kindly add some references if possible . thanks

[obaid_gondal]

Theoretically yes because there is no mens rea if the person commits a crime while being in sleep, however it is practically almost impossible as it can't be proved and in my perception it is medically impossible too....
The whole thing changes in case of intoxication . If the intoxication is self induced , the person shall be considered responsible for the crime But it the intoxication isn't self induced , the person shall not be responsible for the crime ....

[abidturk]

Originally Posted by ishaqswat2000

is it a defense in if a person commit a criminal act in sleepwalking ? like assault or rape etc ... kindly add some references if possible . thanks

In such a case the person is neither of sound mind and nor he is having any intention of such offence however he is liable as the burden of proof lies on him to prove that he did this due to sleeping state of mind.Thus depend on facts and circumstances of the case.