corporate law
The recent judgment by the Kerala High Court in V.I. Thankappan vs. State of Kerala & Anr., Crl.MC.No. 6370 of 2023, pronounced on September 5, 2024, offers crucial protections for accused individuals diagnosed with unsound mind or intellectual disability under the Bharatiya Nagarik Suraksha Sanhita (BNSS). This landmark ruling, authored by Hon’ble Mr. Justice K. Babu, emphasizes that individuals suffering from conditions such as Alzheimer’s, which impair their ability to defend themselves in trial, are entitled to these legal protections. Notably, the Court clarified that the provisions within BNSS will apply retrospectively to proceedings initiated prior to July 1, 2024.
Retrospective Application of BNSS: The Court found that protections afforded under the BNSS extend beyond the provisions of the Code of Criminal Procedure (CrPC). While CrPC only provides protections for individuals of unsound mind, the BNSS broadens this definition to include those with intellectual disabilities.
Impact on Trial Proceedings: The judgment mandates the postponement of trials for individuals identified as lacking the capacity to defend themselves due to mental incapacity, thereby ensuring their right to a fair trial. The Kerala High Court clarified that the Special Judge's direction for psychiatric assessment was inappropriate, emphasizing the necessity of reconsidering the case under the BNSS provisions.
Case Identification: The case under discussion involved a 74-year-old man accused of violating Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act.
Mental Health Assessment: Following a request for evaluation, the consulting neurologist diagnosed the petitioner with Alzheimer’s Dementia, indicating severe cognitive impairment and the need for extensive care.
Distinction Between Laws: The Bench highlighted that while the Mental Healthcare Act, 2017 defines “mental illness” as a significant disorder affecting objective reasoning and functioning, it does not include conditions like mental retardation—factors considered under the BNSS.
Fair Trial Rights: The Court emphasized the fundamental right to a fair trial as per Article 21 of the Constitution of India, asserting that denying necessary protections to individuals with mental disabilities hampers justice and fairness.
The Kerala High Court’s ruling serves as a pivotal guideline for courts across India regarding the treatment of individuals with unsound mind or intellectual disability. This judgment underscores the necessity of extending BNSS protections retrospectively to ensure equitable treatment and uphold the principles of justice for all accused individuals, regardless of their mental capacity. The mandate that the courts must proactively address the mental state of defendants reflects a significant step forward in safeguarding the rights of vulnerable populations within the judicial system.