BNSS Gives Wider Protection To Accused Of Unsound Mind Or Intellectual Disability, Will Apply Retrospectively: Kerala High Court

The Kerala High Court ruled that the provisions of the BNSS (Maintenance and Welfare of Parents and Senior Citizens) Act, which protects individuals with intellectual disabilities, should apply retrospectively to those suffering from Alzheimer’s and dementia. The court emphasized that these individuals are among the most vulnerable in society and should be given legal protection regardless of when they were diagnosed. This judgment broadens the scope of the BNSS Act, ensuring that those with cognitive impairments receive the support and care they are entitled to under the law, even if their condition predates the Act.