Landmark judgment – Interplay of Cr PC & BNS – Dementia – Duty of the Court
On 14.2.2023, the petitioner filed an application under Section 329 of Cr PC to try the fact of his mental capacity due to Alzheimer’s Dementia on the ground that he is incapable of making his defence in Prevention of Corruption Act trial.
The doctor had given report that the petitioner is suffering from severe dementia.
The trial Court, however, directed the petitioner to appear before Mental Health Centre for examination and certificate.
This was challenged in the High Court.
Sections 367 & 368 of BNS are pari materia with Sections 328 and 329 of the Criminal Procedure Code in extending the protection to a person of unsound mind. However, the sub-section (4) of Section 368 of the BNS has extended the protection to a person of unsound mind or a person suffering from intellectual disability.
HELD, considering the provisions of Mental Healthcare Act, Section 531 of BNSS and Article 21 of the Constitution of India, the person with acute dementia is entitled to the protection in Chapter XXV of Cr PC and Chapter XXVII of Sanhita and that the provisions of Chapter XXVII of Sanhita are applicable to pending application. The Magistrate has to follow the said provisions.
Judgment dated 5.9.2024 of the Kerala High Court in CRL.MC.No.6370 of 2023 of V.I.Thankappan Vs. State of Kerala and another
