Court mandates compliance with Section 368 of Bharatiya Nyaya Sanhita, 2023, ensuring fair trial rights for accused with Bipolar Affective Disorder.
In a landmark decision, the Rajasthan High Court, Jaipur Bench, has directed the trial court to halt proceedings against Amit Rathor, an accused suffering from Bipolar Affective Disorder, until a proper inquiry into his mental condition is conducted under Section 368 of the Bharatiya Nyaya Sanhita, 2023. The court emphasized the necessity for judicial satisfaction regarding the accused's capacity to defend himself, in adherence to mandatory legal provisions and principles of natural justice.
The judgment was delivered by Justice Anil Kumar Upman in response to a petition filed by Rathor challenging the trial court's decision to proceed with the criminal case without addressing his mental health application. Rathor, accused of murder under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 4/25 of the Arms Act, has been undergoing treatment for his mental disorder since 2019. Despite medical reports indicating his unstable mental health, the trial court had issued bailable warrants for witnesses and continued the trial without ruling on Rathor's application for mental unsoundness.
The High Court underscored the trial court's obligation under Section 368, which mandates an inquiry into the accused's mental state and postponement of proceedings if unsoundness is established. Justice Upman noted the absence of a judicial determination regarding Rathor's ability to comprehend and participate in his defense, deeming the trial court's actions arbitrary and contrary to law.
The court referenced a similar case from the Kerala High Court, where the trial procedures were critiqued for ignoring the accused's mental health evidence, reinforcing the importance of adhering to prescribed legal processes when mental unsoundness is claimed.
Rathor's counsel argued that the continuation of proceedings without proper inquiry violates his fundamental right to a fair trial under Article 21 of the Constitution. The High Court concurred, asserting that proceeding against an accused incapable of defending themselves due to mental instability is inherently unjust and legally unsustainable.
The judgment directs the trial court to first resolve the application under Section 368 of the BNSS, ensuring Rathor's right to a fair trial is upheld. This decision marks a significant step in safeguarding the rights of accused individuals with mental health disorders, reinforcing the judicial system's commitment to justice and fairness.
Bottom Line:
Criminal Procedure - Trial of accused with mental disorders - Trial Court must adhere to the mandatory procedures prescribed under Section 368 of the Bharatiya Nyaya Sanhita, 2023, before proceeding with the trial. Failure to record judicial satisfaction about the accused's mental capacity to defend himself violates fundamental rights and principles of natural justice.
Statutory provision(s): Section 368 of Bharatiya Nyaya Sanhita, 2023, Article 21 of the Constitution of India, Section 4/25 of the Arms Act.
Amit Rathor v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2844807
