Unsound Mind: When Defendants Can't Plead in Court

2023 Supreme(SRI)(CA) 341

But we find that the trial judge had failed to act under section 375 of the CPC which says that, “375 (1) If any person committed for trial before the High Court appears to the court at his trial to be of unsound mind and consequently incapable of making his defense, the jury or (where ... Psychiatrist the appellant had been diagnosed as being of “unsound mind and is not fit to plead “and he had recommended treatment at the Angoda hospital. ... Nallhewa the accused ha....

When the case came on for trial the question of the accused's unfitness to plead was not again brought before the Court, and the trial went through the ordinary stages. ... It is that where a person is held to be incapable of making a defence by reason of his being deaf and dumb, he is held not to be of sane mind and he is treated exactly as a person of unsound mind would be treated. I refer to the case of Rex v. ... Where a deaf and dumb person was put upon his trial for murde....

question whether the person is of unsound mind is entrusted to the District Court Under Section 6, a relative may petition for the admittance of a person of unsound mind and providing that a certificate is issued by two medical practitioners then the person named in the petition will be admitted ... of rights to support this Court in the generation of a legal regime to deal with a convict such as the Accused-Appellant we find before us. ... No.....

With regard to the question whether the petitioner is the proper person to be appointed manager of the estate, I think the District Court should make further inquiry to find a person to manage it who has not Been in receipt of property at the hand of the respondent. ... The District Court found that the respondent-appellant was incapable of managing his affairs, and from this fact and Dr. Thomasz's expert opinion found that the respondent was of unsound mind. ... It is suffi....

court was satisfied that the accused was fit to plead. ... (a) Fitness To Plead [18] The terms "fitness to plead"; "fitness to stand trial"; "fitness to be tried" and "fitness to make defence" in the context of a person of unsound mind to stand trial are generally used to mean the same.

2024 0 Supreme(Raj) 495

The above Rule contemplates two type of cases i.e. the first category is where a person is already adjudged to be of unsound mind, is covered under Rule 15 CPC. ... Shaik Mohammed, AIR 1949 Mad 292, the Hon’ble Madras High Court emphasized that the Courts have inherent powers to find out whether the plaintiff is a person of sound or unsound mind even though an enquiry to obtain representation was permitted to the next friend. ... On a bare perusal of the said provisio....

High Court Malaya Muar

recovered and had been certified fit to stand trial, cannot plead guilty to the charge; and (ii) s 347 of the Criminal Procedure Code is only applicable in cases where the accused had raised the defence of insanity under s 84 of the Penal Code and the court has been satisfied that ... Section 343(2) provides: (2) If the Medical Superintendent shall certify that such person is of unsound mind and incapable of making his defence the court shall, if satisfied of the fact....

2023 1 Supreme 405

The whole idea under the provisions discussed is to facilitate a person of unsound mind to stand trial, not only because of his reasoning capacity, but also to treat him as the one who is having a disability. The role of the Court is to find the remedial measures and do complete justice. ... A person of an unsound mind, who is incapable of knowing the consequence of an act, does not know that such an act is right or wrong. He may not even know that he has committed that act. When such ....

Current Civil Cases

In such cases, the alleged lunatic may treat any decree passed against them as an ex parte decree and seek to have it set aside under Order IX, Rule 13 of C.P.C. The Court must exercise extreme caution when dealing with cases involving persons of unsound mind. ... (10) Where the precaution of judicial enquiry is not observed, the person cannot be declared lunatic, and a guardian cannot be appointed for him. ... The trial Court has to hear the peti....

He should explain why he stated in his report that the accused "is of unsound mind" and then two sentences afterwards stated that the accused ''is fit to plead and attend trial in the Court". ... I would pause here to remark that when inquiring under s. 324 of the Code, the Court is not called upon to consider or to find the accused was or was not of unsound mind at the time when the alleged offence was committed. ... The medical report says the accused "is fit to plead#HL_E....

2023 1 Supreme 27

Procedure in case of person of unsound mind tried before Court. —(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone fu....

2022 0 Supreme(UK) 160

(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. Procedure in case of person of unsound min....

2020 0 Supreme(Mad) 594

(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he o....

2015 0 Supreme(Gau) 488

(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. Procedure in case of person of unsound min....

2014 0 Supreme(Ker) 512

It is not binding on the plaintiff or additional defendants 7 and 9. So they can ignore his statement (Jethi Bai and others v. Chabil Das Doongarsi & others AIR 1935 Sind 142). They cannot be deprived of their right to plead and prove that Antony was of unsound mind.