Case Memorandum

"“Forensic psychiatry attempts to help Courts determine the mental condition of the accused to determine whether the person could have intended to commit the crime and whether he is in a fit state to stand the trial. Medical insanity and legal insanity are not necessarily congruent. A mental illness that 11 requires institutional care or administration of therapeutic care for medical insanity may not still be sufficient insulate the person from consequences of a criminal act and punishment if s/he is not legally insane. The assessment shall be to elicit such information as the law qualifies the general exception for proof of culpability under Section 84 of IPC. Is the accused mentally unsound? Is the mental unsoundness such that s/he is not capable of knowing (i) the nature of act; or (ii) the act is wrong, or (iii) contrary to law? These questions are directly related to testing the requirement of law. Is s/he capable of understanding the nature of proceedings in Court and stand trial? This shall be necessary to ensure that he has sufficient ability to consult with is counsel instruct him for a fair trial and defence. Every accused is bound to know the nature of proceedings against him/her. What was the mental condition of the accused, when the crime took place? Is it likely that the accused is malingering mental illness?”"

"“Chapter XXV of the Code of Criminal Procedure 1973 (hereinafter ‘Cr.P.C.’), though procedural in nature, also becomes substantive when it deals with an accused person of unsound mind. A well-laid procedure is contemplated under Sections 328 to 339 of Cr. P.C. There is not even a need for an application under Section 329 of Cr. P.C. in finding out as to whether an accused would be sound enough to stand a trial, rather it is the mandatory duty of the Court. Under Section 330, the Court can even go to the extent of discharging such a person if his inability to stand trial continues with a rigid chance of improvement. As per Section 334 of Cr. P.C., the judgment of the Court shall include a specific finding that the act was committed due to unsoundness of mind, though it was actually done. The reason is simple as there cannot be an acquittal on the ground of unsoundness of mind unless the act is actually done.”"

"“Behaviour, antecedent, attendant and subsequent to the event, may be relevant in finding the mental condition of the accused at the time of the event, but not that remote in time.”"

"“If Magistrate is of the opinion that person is of unsound mind, he is to record his finding to that effect and then postpone the proceedings in the case.”"

"“It is for these reasons that provisions have been incorporated in the Code which lays down that the inquiry proceedings or trial of a person, who is incapable of defending himself due to unsoundness of mind, be postponed till he is able to understand the proceedings. The salutary intention being to ensure that an accused incapacitated due to unsoundness of mind is not denied his basic human right to a have a fair trial.”"

"“Where the Court decides that the accused is of unsound mind and consequently incapable of making his defence, the trial is to be postponed. As provided under Section 330 of the Code, such a person may be released on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or the Court. Section 331 of the Code speaks about resumption of enquiry or trial and according to this section, whenever an enquiry or a trial is postponed under Section 328 or 329, the Magistrate or the Court as the case may be, may at any time after the person concerned has ceased to be unsound mind, resume enquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.”"

"“If such Magistrate or Court is informed that the person referred to in sub-section (1-A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under Section 330: Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall, not hold the trial and order the accused to be dealt with in accordance with Section 330.”"

"“If from the materials placed on record, a reasonable doubt is created in the mind of the Court with regard to the mental condition of the accused at the time of occurrence, he shall be entitled to the benefit of the reasonable doubt and consequent acquittal, as observed in Vijayee Singh v. State of U.P. (1990) 3 SCC 190 : 1990 SCC (Cri) 378.”"