Headline
The Kerala High Court Extends Protection to Alzheimer’s Patients in Criminal Trials under Bharatiya Nagarik Suraksha Sanhita (BNSS).
Summary
The Kerala High Court ruled that an accused with Alzheimer’s, who is incapable of protecting himself due to dementia, is qualified to the protection under the Bharatiya Nagarik Suraksha Sanhita (BNSS), applying its provisions retrospectively for a fair trial.
Key Facts
- Case Name: VI Thankappan vs. State of Kerala & Anr.
- Name of Judge: Justice K Babu
- An accused 74-year-old with Alzheimer’s Dementia, who is battling a trial under the Prevention of Corruption Act (PC Act).
- The decision of a special judge for the accused’s self-assessment was overturned.
Legal Insights
The Kerala High Court stressed that both the Mental Healthcare Act and Bharatiya Nagarik Suraksha Sanhita (BNSS) mandate protection for individuals who are suffering with intellectual disabilities, broadening the definition of “unsound mind” by including conditions like Alzheimer’s.
Impact
The ruling of Kerala High Court permits retroactive application of Bharatiya Nagarik Suraksha Sanhita (BNSS) protections, by making sure that all accused with mental or intellectual disabilities get equal treatment in criminal trials.
Why it Matters
It focuses on the right to just and fair trial for mentally disabled individuals, and equality and justice under Article 14 and Article 21 of the Constitution of India.
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