or doesn't make accused unfit to stand trial:
In a significant ruling that clarifies the scope of , the has held that a or , without more, does not render an accused . The court dismissed a criminal revision petition filed by a 20-year-old POCSO accused who argued that his made him unfit to participate in his defence.
Justice Jobin Sebastian, presiding over the single bench, upheld the trial court’s finding that the accused, Kamal Raj, possessed the to understand the proceedings and communicate with his counsel. The decision reinforces that the key determinant under the BNSS is not the mere presence of a disability, but whether that disability actually prevents the accused from entering upon his defence.
Background of the Case
Kamal Raj was the sole accused in S.C. No. 314 of 2025 pending before the . During the trial, he contended that he suffered from and was consequently incapable of making his defence. Relying on Section 368 of the BNSS, he sought postponement of the proceedings.
The trial court conducted a detailed enquiry as mandated by the provision and referred the accused to medical experts. The initial evaluation by a psychiatrist at the , found Raj , noting that he could understand the nature of court proceedings and communicate with his advocate. Aggrieved, Raj appealed to a constituted under . The Board, after admitting him for comprehensive evaluation at the , confirmed that despite his (IQ measured at 35), Raj was able to understand the allegations against him, answer questions coherently, and provide instructions to his lawyer.
Dissatisfied, Raj moved the High Court challenging the trial court’s order.
Arguments by the Petitioner
Counsel for Raj argued that the trial court had not properly appreciated the medical evidence. They highlighted that the ’s own report noted a lifelong developmental impairment, significant deficits in adaptive functioning, and a social age of only ten years. Despite these findings, the Board opined that Raj was . This inconsistency, they contended, vitiated the trial court’s decision. They further pointed to the Board’s factual findings of academic and social difficulties, including the use of a scribe in examinations, as indicative of his inability to defend himself.
The State’s Response
The Public Prosecutor supported the trial court’s order, submitting that the medical reports clearly established that Raj could understand the proceedings and participate meaningfully in his defence. The mere existence of a or , it was argued, is not enough to declare an accused unfit for trial.
Court’s Analysis
Justice Sebastian examined the statutory scheme of , noting that the provision is not concerned solely with the presence of a mental condition but with its impact on the accused’s ability to enter upon a defence. The , the court observed, is whether the disability renders the accused “, against him and .”
The court further clarified that a or alone does not automatically disqualify a person from standing trial. “If the mere existence of or a were sufficient to render an accused , every person suffering from such disability would, irrespective of the degree of possessed by him, be excluded from criminal proceedings,” the judgment stated.
In this case, the ’s report expressly recorded that Raj could understand the allegations, comprehend questions, provide relevant answers, and communicate with his legal counsel. The Board also noted that Raj demonstrated awareness that his statements could be used in court.
The High Court found that the trial judge had properly considered the medical evidence and applied the correct legal test. “The learned trial Judge conducted the enquiry in accordance with the procedure contemplated under Section 368 of the BNSS and arrived at the finding on the basis of the medical opinion obtained pursuant to the statutory enquiry,” the court observed.
Key Observations
Justice Sebastian underscored several critical points:
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“The governing consideration under Section 368 of the BNSS is not merely whether the accused has a , , poor academic performance or a lower social age. The is whether the mental condition or disability of the accused is of such a nature as to render him incapable of entering upon his defence.”
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“The mere presence of an or a , by itself, will not make a person incapacitated to stand trial.”
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“Therefore, the existence of an has to be considered in the context of the actual of the accused to understand and participate in the proceedings.”
Final Decision
The High Court dismissed the revision petition, affirming the trial court’s order that Kamal Raj is . The court found no merit in the challenge and held that the findings were based on proper appreciation of the medical evidence. The ruling sets an important precedent for how courts should evaluate claims of incapacity under , emphasizing functional capability over raw test scores. For legal practitioners and accused persons alike, the judgment clarifies that alone is not a bar to accountability; it is the capacity to understand and participate that determines fitness for trial.