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Scanned Judgements…!
Medical evaluations and expert opinions play a crucial role in determining mental capacity, which can impact the validity of powers of attorney or guardianship applications ["DIL (Review of Administration Order)"], ["CND (Application to Review Enduring Power of Attorney Application to Review Enduring Guardianship Application for Guardianship)"], ["RN"].
Analysis and Conclusion:
References:- ["Chiron Gogoi VS State of Assam - Gauhati"]- ["Santosh Sarda VS IDBI TRUSTEESHIP SERVICES LIMITED - National Company Law Tribunal"]- ["NJ"]- ["NS"]- ["NI"]- ["DIL (Review of Administration Order)"]- ["CND (Application to Review Enduring Power of Attorney Application to Review Enduring Guardianship Application for Guardianship)"]- ["RN"]
In the evolving landscape of Indian criminal law, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has replaced key provisions of the CrPC, including Section 84 on proclamations against absconding accused. But what happens when the accused suffers from dementia? Can a Power of Attorney (POA) holder step in to file an application to recall such a proclamation? This question arises frequently in cases involving elderly or mentally incapacitated individuals facing criminal charges.
This post delves into the legal nuances, drawing from judicial precedents and statutory principles. We'll examine the challenges, evidentiary burdens, and practical recommendations. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your situation.
Section 84 of BNSS 2023 empowers courts to issue a proclamation when an accused is absconding or avoiding arrest. This public notice requires the accused to appear within 30 days, failing which their property may be attached. Recalling such a proclamation typically demands proof that the accused was available, the issuance was erroneous, or circumstances have changed—such as mental incapacity preventing appearance. Rajendra Prasad Bora VS Lohit Prakash Dutta - 2015 Supreme(Gau) 453
The query at hand: Can an application to recall proclamation issued under Section 84 of BNSS 2023 be filed by power of attorney of dementia accused? Courts approach this cautiously, especially when mental health is invoked, often intersecting with Section 84 of the Bharatiya Nyaya Sanhita (BNS, replacing IPC), which exempts acts by persons of unsound mind. Madvi Chaitu VS State of C. G. - 2015 0 Supreme(Chh) 302
Under BNS Section 84 (formerly IPC 84), Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. Madvi Chaitu VS State of C. G. - 2015 0 Supreme(Chh) 302 The burden lies squarely on the accused or their representatives to prove this with cogent evidence, not mere assertions. Courts presume sanity unless rebutted by medical or expert testimony. State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477
A POA holder filing to recall a BNSS proclamation on dementia grounds faces hurdles:- Mental State at Relevant Time: Evidence must show incapacity precisely when the offense occurred or proclamation was issued, not just current dementia. Casual statements via POA won't suffice. State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477- POA Validity: General POAs may not authorize decisions on mental incapacity or criminal defenses. Courts prefer court-appointed guardians for incapacitated persons. NS - 2024 Supreme(AUS)(WASAT) 10744
In key rulings:- The defense must provide clear, medical, or expert evidence; history alone is inadequate. For example, in Dahyabhai Chhaganbhai Thakkar v. State of Gujarat, medical exams were deemed essential. State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477- Mere dementia doesn't automatically exempt; it must impair cognition at the offense time. State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477
Related BNSS cases reinforce procedural rigor. In quashing proceedings under BNSS Section 528 (analogous to CrPC 482), courts prevent abuse where conviction seems impossible, but only with strong grounds. Mostafizur Rahman And Anr S/o Montaj Sheikh vs State Of Assam And Anr Represented By The PP, Assam - 2025 Supreme(Gau) 372
POAs are common for financial matters, but in criminal contexts involving dementia:- Capacity Presumption: Execution of POA presumes the principal's capacity unless proven otherwise. No evidence of coercion or incapacity at execution invalidates it. NS - 2024 Supreme(AUS)(WASAT) 10744- Limitations: A POA doesn't confer guardianship powers for liberty-affecting decisions like contesting proclamations. Enduring POAs offer alternatives but require specific authorization. NS - 2024 Supreme(AUS)(WASAT) 10744- Guardian Preference: For dementia cases, seek court-appointed guardianship under relevant laws to legitimize actions.
Other sources highlight jurisdictional limits: Authorities under one law can't decide issues under another, underscoring need for proper forums. Valjibhai Karamsibhai Patel VS State of Gujarat - 2016 Supreme(Guj) 909
BNSS emphasizes liberty: Bail is the rule and jail is the exception. Gopesh S/o. Gopinathan Vs State Of Kerala - 2025 Supreme(Ker) 575Aneesh S S/o. Sali Vs State Of Kerala - 2025 Supreme(Ker) 500SURESH.K.A S/o. ANANDHAN VS STATE OF KERALA - 2025 Supreme(Ker) 709 In proclamation recalls, similar principles apply—arrest/proclamation must be justified, not routine.
For dementia accused, combine with medical boards or reports, as in employment termination cases invoking mental health provisions. S.CONSTANTINE vs SOCIAL SECURITY ORGANISATION (SOCSO)
To strengthen a recall application via POA:1. Gather Medical Evidence: Obtain expert reports on mental state at offense/proclamation time. Madvi Chaitu VS State of C. G. - 2015 0 Supreme(Chh) 302State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 4772. Validate POA: Ensure it explicitly covers criminal proceedings; prefer guardianship.3. File with Proof: Demonstrate erroneous proclamation due to incapacity, rebutting absconding presumption.4. Comply with Service Rules: Notices under BNSS Section 35 (ex-CrPC 41A) must follow prescribed modes, not WhatsApp. Pavankumar VS State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor
Without these, courts are unlikely to accept, as casual assertions or representations through a POA do not suffice. State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477
References:- Madvi Chaitu VS State of C. G. - 2015 0 Supreme(Chh) 302: Burden and cogent evidence under Section 84 IPC.- State of Arunachal Pradesh VS Naina Bahadur Chetry - 2006 0 Supreme(Gau) 477: Proof requirements for unsound mind.- NS - 2024 Supreme(AUS)(WASAT) 10744: POA in dementia contexts.
This analysis highlights the interplay of procedural (BNSS) and substantive (BNS/IPC) laws. Stay informed on updates, as 2023 laws continue evolving.
#BNSS2023 #DementiaLaw #POALegal
The said notice came to be challenged by the petitioners by filing Special Civil Application No. 10967 of 1994 before the High Court. However, the said petition was dismissed on the ground of being pre-mature. ... It appears that thereafter the Mamlatdar had initiated the proceedings under Section84(C) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act') by issuing the notice to the petitioners. ... As per the case of the petitioners, in the meantime the Section 2(6) of the Tenancy Act came to be deleted, an....
As per Clause 3 of the Ordinance of 1944 it is clear that the power to put a property under attachment under the Ordinance of 1944 has been conferred upon the District Judge within the local limits of whose jurisdiction the person accused of any scheduled offence ordinarily resides. ... Thereafter, on 20.06.2001 another application was filed by the decree holder/respondent No. 1 under Order XXI Rule 66(3) CPC praying for issuance of a proclamation for sale in respect of the attached property by public auction which praye....
Section84 IPC deals with the act of a person of unsound mind. Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. ... of doubt has to be given to the accused. ... The accused did not adduce any evidence to disprove that he was not insane and thus it remained as proved that the accused was insane. Therefore, it has been proved on evidence by the prosecution....
Although the learned Amicus curiae tried to defend the accused by providing of shelter of the provisions of the general exceptions of Section84, IPC, but no such foundation could be led to that effect. ... accused was found dead. ... He stated that he arrested the accused person and the accused also showed him the injuries on his back side. ... In fact, when these circumstances were put to the accused in his examination under Section 313, Code of Criminal Procedure, the accus....
If the findings and recommendation of the 1st Medical Board were accepted, this standing committee would have issued to the plaintiff a letter of termination. The letter of termination issued to the plaintiff in this case was by the 2nd defendants' general manager. ... He based his claim on the provision of s.84 subsection(4) and (5) of the SOCSO Act which reads as follows; Section 84(4): No Civil Court shall have jurisdiction to decide or deal with any question or dispute mentioned in subsections(1) and (2) (of Section84) or to adjudic....
If the findings and recommendation of the 1st Medical Board were accepted, this standing committee would have issued to the plaintiff a letter of termination. The letter of termination issued to the plaintiff in this case was by the 2nd defendants' general manager. ... He based his claim on the provision of s.84 subsection(4) and (5) of the SOCSO Act which reads as follows; Section 84(4): No Civil Court shall have jurisdiction to decide or deal with any question or dispute mentioned in subsections(1) and (2) (of Section84) or to adjudic....
Respondent No. 2 has filed a document dated 31-12-2015 stating that since on investigation, no evidence was found by the investigating agency, therefore, the case against accused person therein has been closed. ... ... (20) Secretary, Technical Education, Man Power and Planning and Rural Industries, Government of Chhattisgarh - March, 2009 to August, 2010. ... (21) Principal Secretary, Forest and Technical Education, Man Power and Planning. ... Exercise of judicial review is to protect the citizen from the abuse of the power#HL....
when he committed the crime, in the sense laid down by Section84 of the Indian Penal Code: the accused may rebut it by placing before the Court all the relevant evidence oral, documentary or circumstantial, but the burden of proof upon is no higher than that rests upon a party to civil proceedings. ( ... The defence also did not choose to file an application under Section 328of the Code of Criminal Procedure nor has it availed the provisions of chapter XXV thereof. ... he was subject to epileptic fits and there was abnormal behaviour or t....
Dr C confirmed in her report dated 23 January 2023 that NJ had capacity to sign a will, an enduring power of attorney and an enduring power of guardianship. ... EV made the current application to the Tribunal in November 2024 in relation to concerns about the management of NJ's finances by DE under an enduring power of attorney signed in early 2023 (First EPA). ... The enduring power of attorney dated....
[44] In the first hearing S said that Y had lost his boat in September 2023 and did not recover any money as he was late in paying his insurance. S accused C and R of not doing their job (as attorneys). ... spouse - Allegations of lack of capacity and coercion in the execution of an enduring power of attorney - No persuasive evidence of coercion - Presumption of capacity to execute instrument - Enduring power of attorney a less restrictive alternative to meet financial decision-makin....
3. The prosecution case is that, on 28.01.2025 at about 08.45 PM, one Mr. Nitheesh who is the defacto complainant herein came to his house and at that time, the accused attacked him and caused injuries using a knife and iron pipe. Hence, it is alleged that the accused committed the offence. Bail is the rule and jail is the exception; arrest must be justified and not routine, especially for non-bailable offences with lesser maximum punishments. 2. The petitioner is an accused in Crime No.88/2025 of Medical College Police Station, Kozhikode. The above case is registered against the petitioner ....
3. The prosecution case is that, on 13.02.2025 at about 08.45 PM, the petitioner publicly consumed alcohol in Kannitta Boat Jetty. When the defacto complainant, who is the Lasker of Water Transport Department, questioned the act of the petitioner, he abused and began to attack the defacto complainant. The petitioner hold head of the defacto complainant and hit against the pillar of the boat jetty and beat on his cheek. He hit on the nose and stamped on the chest of the defacto complainant. When the defacto complainant tried to escape from there, the petitioner hit on his right shoulder with ....
7. Coming back the case in hand, this Court is of the opinion that under the given circumstances, there is no possibility of conviction in future. So, allowing such a criminal proceeding to continue before the trial court would be nothing but an abuse of the process of the court. With the aforesaid direction, the Criminal Petition stands disposed of. 9. The criminal petition is allowed. The the criminal proceedings of the Special (P) Case No.216/2024 arising out of South Salmara P.S. Case No.32/2023 pending in the court of learned Special Judge, South Salmara, Mankachar, are quashed and set ....
3. The prosecution case is that, on 13.02.2025 at 03.00 PM, the defacto complainant’s brother committed suicide by hanging in his residence. It is alleged that the petitioner instigated the victim to commit suicide. Hence, it is alleged that the accused committed the offence. 2. The petitioner is an accused in Crime No.138/2025 of Varapuzha Police Station, Ernakulam. The above case was originally registered under Section 194 of BNSS . Subsequently, Section 108 of BNS is added. Bail is the rule and jail is the exception; conditions for bail must ensure cooperation with investigation and respe....
d) All the High Courts must hold meetings of their respective Committees for “Ensuring the Implementations of the Decisions of the Apex Court” on a monthly basis, in order to ensure compliance of both the past and future directions issued by this Court at all levels, and to also ensure that monthly compliance reports are being submitted by the concerned authorities. b) All the States/UTs while issuing Standing Orders to their respective Police machinery relating to Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 must be issued strictly in accordance with the guidelines issued by the De....
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