Court mandates reconstitution of Medical Board to determine accused’s fitness to face trial
In a significant development, the Rajasthan High Court, Jaipur Bench, under the judgment of Justice Anoop Kumar Dhand, has directed the reconstitution of a Medical Board to assess the mental fitness of accused Puran Singh, who is reportedly suffering from severe dementia. The decision came in response to a criminal miscellaneous petition filed by Sonu Ram Pachauri challenging the order of the Additional Sessions Judge, Dholpur, which handed over the custody of Puran Singh to his son due to the accused's severe cognitive impairment.
The case revolves around the applicability of Section 329 of the Criminal Procedure Code (Cr.P.C.), 1973, which mandates obtaining a clear and specific opinion from a Medical Board regarding the mental state of the accused to determine their capability to understand and participate in court proceedings. The High Court highlighted that the report furnished by the existing Medical Board was vague and did not clearly state whether the accused was fit to face the trial.
Justice Dhand emphasized the importance of a detailed and specific medical evaluation, noting that without a clear opinion from the Medical Board, the trial against the accused cannot proceed. The court has instructed the Superintendent of S.M.S. Medical College, Hospital to constitute a new Medical Board comprising the Head of Psychiatry Unit and a Faculty Member of Psychiatry. This Board is tasked with thoroughly examining the accused and providing a detailed report on his mental fitness to participate in court proceedings.
The court's order underscores the procedural requirements under Section 329 of Cr.P.C., which necessitates a comprehensive assessment of the accused's mental state by qualified medical professionals. The decision aims to ensure that the accused receives a fair trial, taking into account his mental health condition.
The Public Prosecutor has been directed to ensure the accused’s presence before the newly constituted Medical Board on December 18, 2025. The case has been scheduled for further hearing on January 5, 2026, pending the submission of the Medical Board's report.
This judgment highlights the judiciary's commitment to safeguarding the rights of individuals with mental health issues within the legal framework, ensuring that justice is administered fairly and equitably.
Bottom Line:
Procedure under Section 329 of Cr.P.C. for accused persons of unsound mind requires a clear and specific opinion from a Medical Board about the mental state of the accused to determine their capability to face trial.
Statutory provision(s): Section 329 of the Criminal Procedure Code, 1973
Sonu Ram Pachauri v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2823404
