498a psychological case

OPPOSING 498A (Querist) 16 March 2016 This query is : Resolved
Dear Sir,

My brother is having a psychological problem(depression) as treatment also continues and being due to some time got hamper on that basis will court convict him under 498a or acquitted while considering it's being a medical problem what's your view over it?

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Sudhir Kumar, Advocate (Expert) 17 March 2016
I believe he is not insane.

Depression patient has no license to torture wife and dowry demand.

Devajyoti Barman (Expert) 17 March 2016
If he was insane immediately after marriage then he will be acquitted on this ground alone.

Adv. Yogen Kakade (Expert) 17 March 2016
I don't think this justification of your brother being mentally ill (merely dipression) shall be a strong defense in 498a case.

P. Venu (Expert) 17 March 2016
Please disclose the complete facts.

Rajendra K Goyal (Expert) 17 March 2016
Though mental illness is good ground, yet full case file and documents need to be referred for any positive advice.

Sudhir Kumar, Advocate (Expert) 07 April 2016
Mere fact if someone is depression patient is no immunity from criminal liability.

Sudhir Kumar, Advocate (Expert) 15 May 2016
Further hard reality.

Police seems to have taken matter somewhat leniently.

Otherwise not being medically qualified they are well trained and issued with apparatus which can wipe out some amount of "insanity".

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