Severe Dementia Not Enough To Stall Trial Unless Medical Board Certifies: Rajasthan High Court Directs Re-Evaluation Of Accused's Fitness
The Rajasthan High Court directed a fresh medical revaluation of an accused undergoing trial–stated to be suffering from severe dementia, observing that the previous medical board's report did not clearly specify whether the accused was fit enough to understand the proceedings against him. In doing so the court observed that when an accused claims to be suffering from "unsound mind" the...
The Rajasthan High Court directed a fresh medical revaluation of an accused undergoing trial–stated to be suffering from severe dementia, observing that the previous medical board's report did not clearly specify whether the accused was fit enough to understand the proceedings against him.
In doing so the court observed that when an accused claims to be suffering from "unsound mind" the trial will proceed against him unless and until the medical board gives a specific opinion on the fitness of the accused to understand and participate in the trial.
Justice Anoop Kumar Dhand was hearing a petition filed against a trial court order handing over custody of the accused to his son on the ground that he was suffering from severe dementia with behavioural problems leading to severe cognitive impairment.
Against this the petitioner moved the high court claiming that the accused was not in such a position which prevented him from facing the trial.
The Court referred to Section 329 CrPC that lays down procure for trial of a person with unsound mind, and stated that before forming an opinion regarding soundness of mind of the accused or his/her fitness for the trial, the Magistrate was required to get information/opinion from a Psychiatrist and Clinical Psychologist of a Medical Board.
The report of the medical board opined that the accused's current mental state examination is not found to be within normal limits and he was "found to be suffering from Severe Dementia ē Behaviour problems leading to severe cognitive impairment".
"Perusal of the aforesaid report, as furnished by the Medical Board does not indicate that as to whether the petitioner is not in a fit position to understand the proceedings of the trial pending against him. Unless and until, a specific opinion is given by the Medical Board, the matter cannot proceed further against the accused in accordance with law," the court said.
In this background, the Court directed the superintendent of SMS Medical College, Hospital, to constitute of a fresh medical board in terms of Section 329, CrPC consisting of the head of psychiatry, and specify the mental state of the accused after examination regarding his fitness to understand and participate in the court proceedings.
Accordingly, the matter has been listed on January 5, 2026.
Title: Sonu Ram Pachauri v State of Rajasthan & Anr.