Lawstreet Journal

Madras HC lays down Procedure to Be Followed By Criminal Courts in cases involving accusations of Unsound Mind [READ ORDER]

Lawstreet Journal 12 Sep 2020 3:32am

Image courtesy: Lawstreet Journal Judiciary Madras HC lays down Procedure to Be Followed By Criminal Courts in cases involving accusations of Unsound Mind  [READ ORDER]

Madras High Court detailed the legal procedure to be followed by criminal courts in a case involving a man stated to be of unsound mind. Justice P N Prakash was prompted by a case wherein a man named Kaliyappan, who was presumably suffering from some mental illness, was taken by his father Muniyappan, to a native doctor, for the purpose of treatment. While he was being examined by the said doctor, Kaliyappan ran away hollering that he does not need any treatment. Muniyappan ran behind his son, accompanied by others, exclaiming “Catch him”. Responding to this call, one Kondaiyan, who was grazing his cattle nearby with a billhook in hand, tried to apprehend Kaliyappan. Infuriated at that, Kaliyappan is said to have snatched the billhook from Kondaiyan and attacked him indiscriminately, which eventually proved fatal.

On these allegations, a case was registered for the offense “under Section 302 IPC” against Kaliyappan. Without taking into consideration the mental illness of Kaliyappan the Magistrate commenced the proceedings “u/s 207 & 209 of Cr.P.C” and committed the case to Court of Session. During the committal proceedings as well the mental illness of Kaliyappan was not considered and no steps were taken by the Magistrate to satisfy himself as to whether he was fit for trial or not. 

Due to this, a petition was filed in the Madras High Court on the apprehension that the trial court may resume trial without considering the mental state of Kaliyappan. 

The court upon seeing the Medical report submitted by the… Continue Reading...

Tagged: Madras High Court  
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