Justice with Compassion

The legal system of any nation reflects its commitment to justice, fairness, and inclusivity. Among the most sensitive and significant aspects of criminal law is the treatment of accused persons who are unable to comprehend or participate in their legal defence due to mental health conditions. The Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses this critical issue with specific provisions under its framework for “Accused Persons of Unsound Mind.” These provisions ensure that the rights of individuals with mental health challenges are upheld, balancing compassion with the imperative to protect society and maintain order.

The BNSS outlines comprehensive procedural safeguards for accused persons of unsound mind, aiming to ensure that such individuals are not subjected to unfair trials or unjust punishment. It emphasises the need for medical evaluations, due process and humane treatment while recognizing the importance of protecting public safety. These provisions also reflect the evolving understanding of mental health in the legal domain, incorporating guidelines from the Mental Healthcare Act, 2017, and involving specialized medical boards to make informed decisions.

By meticulously addressing the complexities of such cases, the BNSS creates a framework that safeguards the dignity and rights of the accused while empowering judicial and medical authorities to administer justice appropriately. This article delves into the various provisions under the BNSS concerning accused persons of unsound mind, highlighting the processes, safeguards and considerations involved in such cases.

What is the procedure if a Magistrate believes an accused is of unsound mind during an inquiry?

• The Magistrate shall inquire into the accused’s unsoundness of mind.
• The Magistrate shall have the accused examined by the district civil surgeon or another medical officer designated by the State Government.
• The medical officer will be examined as a witness, and their examination will be recorded in writing.

What happens if the civil surgeon finds the accused to be of unsound mind?

• The civil surgeon will refer the accused to a government psychiatrist or clinical psychologist for care, treatment, and a prognosis report.
• The psychiatrist or clinical psychologist will inform the Magistrate whether the accused suffers from unsoundness of mind or intellectual disability.

What can an accused do if they are aggrieved by the findings of the psychiatrist or clinical psychologist?

The accused may appeal to a Medical Board, which consists of:

• The head of psychiatry in the nearest Government hospital.
• A faculty member in psychiatry from the nearest Government medical college.

What does the Magistrate do if informed the accused is of unsound mind?

• Determine if the unsoundness renders the accused incapable of entering defense.
• If incapable, the Magistrate shall discharge the accused if no prima facie case exists; postpone proceedings for treatment if a prima facie case exists, as advised by the psychiatrist or clinical psychologist.

What if the accused has an intellectual disability?

The Magistrate shall determine if the disability makes the accused incapable of defense. If so, the inquiry will close, and the accused will be dealt under BNSS.

How should cases involving accused persons of unsound mind be handled during trial?

The Court or Magistrate must determine the fact of unsoundness of mind and incapacity based on medical and other evidence. If confirmed, further proceedings will be postponed, and the accused will be referred for treatment to a psychiatrist or clinical psychologist.

What if the accused disputes the findings during trial?

The accused can appeal to a Medical Board composed of:

• The head of psychiatry at the nearest Government hospital.
• A psychiatry faculty member at the nearest Government medical college.

What if the Court finds no prima facie case during trial?

The accused will be discharged.

What if the Court finds a prima facie case during trial?

The trial will be postponed for the duration of treatment as advised by the psychiatrist or clinical psychologist.

What provisions exist for the release of an accused incapable of defence due to unsoundness of mind or intellectual disability?

• Release on bail is possible if the condition does not mandate inpatient treatment; a friend or relative undertakes outpatient care and ensures no harm is caused.
• If bail is not possible, the accused will be detained in a facility providing regular psychiatric treatment, following rules under the Mental Healthcare Act, 2017.

What happens after an inquiry or trial is postponed?

• The inquiry or trial may resume when the accused is certified as capable of making a defense.
• If the accused was released on bail, sureties must produce them before the appointed officer, with a certificate confirming their capacity.

What if the accused was of sound mind at the time of inquiry or trial but unsound at the time of committing the act?

The Magistrate will proceed with the case and, if necessary, commit the accused for trial before the Court of Session.

How should judgments of acquittal on grounds of unsoundness of mind be recorded?

The finding must specify whether the accused committed the alleged act.

What happens to persons acquitted due to unsoundness of mind?

• If the act would have been an offense but for the incapacity: the person may be detained in safe custody. Alternatively, they may be handed to a relative or friend under certain conditions.
• Detention in a public mental health establishment must comply with State Government rules under the Mental Healthcare Act, 2017.

When can a detained person be released?

• When certified fit for release without posing a danger.
• The State Government may then order release or continued detention.

Can a detained person be delivered to a relative or friend?

Yes, upon the relative or friend’s application and provision of security that:

• The person will be cared for and prevented from harm.
• The person will be produced for inspection or trial when required.

The provisions concerning accused persons of unsound mind under the BNSS epitomize a compassionate and progressive approach to criminal justice. They represent a commitment to ensuring that mental health challenges do not lead to the deprivation of fundamental rights or result in miscarriages of justice. By integrating medical expertise, safeguarding procedural fairness, and mandating humane treatment, these provisions strike a delicate balance between individual rights and societal safety.

Through mechanisms such as medical evaluations, appeals to specialized medical boards and guidelines for detention or release, the BNSS demonstrates a nuanced understanding of the interplay between mental health and criminal liability. Moreover, it aligns with contemporary global standards of justice by prioritizing rehabilitation, care and support for individuals affected by mental health conditions. In essence, these provisions not only uphold the principles of justice but also reaffirm the societal obligation to care for vulnerable individuals. As the country’s legal landscape continues to evolve, the BNSS serves as a cornerstone in fostering a justice system that is inclusive, humane and equitable, setting a benchmark for addressing the intersection of mental health and criminal law.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.