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august 1972

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.

DR. JAI SHANKER (LUNATIC)(through Vijay Shanker brother gua vs STATE OF HIMACHAL PRADESH · Niyam