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crustacean   03 March 2018

Who will certify insanity or unsoundness of mind?

Unsound mind is often said to be a disqualification (to vote, to hold public office etc.) Certain Acts of recent origin still mentions the insensitive term ínsanity'. Formerly, when Indian Lunacy Act 1912 was in force, the cout had a role in certifiying on the health or lack of it of mind of the person in question. The Act has since been replaced by another Act which in turn has been replaced in 2017 with Mental Healthcare Act. The latter doesn't mention any procedure of such certification by the court by a passing mention has it thus: 
(5) The determination of a person's mental illness shall alone not imply or be taken to mean that the person is of unsound mind unless he has been declared as such by a competent court. (Mental Healthcare Act., 2017 Section 3, sub-section 5)
This clause reads antithetical to the spirit of the Act. Anyway, do  courts nowadays certify insanity? 


Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 March 2018

Courts decide on the basis of deposition by expert witnesses. Contending parties can bring their witnesses.

SHIVEK J.   06 January 2021

Greetings,

When the Magistrate during inquiry has a reason to think that the accused is of unsound mind and cannot make a defence for himself, then he shall conduct an inquiry into such fact such unsoundness of mind and shall get examined by either any civil surgeon / medical practitioners as directed by the State authority. Such a medical officer shall be a witness and will be examined by the Magistrate.

Where the medical practitioner confirms that the accused is of unsound mind, the magistrate must refer his case to a psychiatrist or a clinical psychologist for a proper examination, attention and treatment. Depending upon the prognosis of the same, the psychiatrist / clinical psychologist shall inform the Magistrate whether the accused suffers from mental retardation or an unsound mind. 

Hope this helps you.

Regards

 

 


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