Unsound mindness

Any person with frequent mood swings and can not perform any task normal for others and can not take a prudent decision is generally treated as unsound mind (Can not distinguish between what is good for him and what may be bad for him). Consultancy with a qualified psychologist and his previous medical reports, therapy is undertaken may establish as to whether the concerned is having such disposition and certificate may be helpful. If that person is attending to his normal daily routine chores like office work, banking ATM transactions, etc may throw light that he is having a sound mind. Ultimately it is a certificate of a qualified practitioner that can be used that the concerned is having sound mind, not mentally fit to take his own decisions.

What are the facts? What is the context?

Greetings! The term ‘unsound mind’ appears frequently in Indian law. It does not have a specific definition but is provided for in different legislations as per it needs. UNDER INDIAN PENAL CODE---- Section 84 of IPC deals with the “act of a person of unsound mind. It states that 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. UNDER INDIAN CONTRACT ACT--- The Indian Contracts Act, 1872 is the only law in the country that defines a sound mind. According to the law, a person is of sound mind if at the time of making a contract, he is capable of understanding it and forming a rational judgment as to its effects upon his interests. Section 12 of this act categorizes unsoundness of mind into lunatics, idiots and drunk/ intoxicated persons. All of these are well defined and make a person incompetent to contract. it is clear that ‘soundness of mind’ is task-specific and not generalized. Talking about depression, it is a mental illness. Mental illness is neither necessary nor sufficient for a finding of unsound mind. Clause 5 of the Mental Health Care Act, 2017 says “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” TO ANSWER HOW CAN ONE PROVE HE IS NOT INSANE --- it depends on the facts of case, one needs to prove that was well-aware of the consequences of his acts. The role of the psychiatrist in conducting standard evaluation is very necessary in these cases. The psychiatrist has to educate the court, clarify psychiatric problems and provide an honest and objective opinion based on concrete data and sound reasoning. Hope this helps Regards