Supreme Court of India · 1972-08-30
DR. JAI SHANKER (LUNATIC)(through Vijay Shanker brother gua vs STATE OF HIMACHAL PRADESH
- Citation / case number
- SC 1971/60074
- Court
- Supreme Court of India
- Petitioner
- DR. JAI SHANKER (LUNATIC)(through Vijay Shanker brother gua
- Respondent
- STATE OF HIMACHAL PRADESH
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that under Section 464 of the Code of Criminal Procedure, 1898, a Magistrate must conduct a mandatory enquiry into the unsoundness of mind of an accused before proceeding with the case. The Court clarified that 'reason to believe' requires a belief that a reasonable person would hold based on the facts presented. The trial Magistrate's failure to conduct such an enquiry and to allow the appellant to establish his mental condition was deemed erroneous, leading to the setting aside of both the committal order and the High Court's order, directing the Magistrate to hold the necessary enquiry.