Madras HC: “what is not an offence does not require a defence” explanation for the criminal trial of person with unsound mind.
8th September 2020
A case involving a man stated to be of unsound mind recently prompted the Madras HC to detail the procedure to be followed by criminal courts, so that accused persons suffering from a mental illness are relieved of the misery of being an indefinite under trial (Kaliyappan v. State).
The Single Bench of Justice PN Prakash of the Madras High Court extensively explained the procedure to be adopted by the Courts during Inquiry Trial for an offence, allegedly committed by a person of unsound mind. The relevant provisions in this regard are found in Sections 328, 329 and 330 of the Code of Criminal Procedure (CrPC), as amended in 2009.