Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Trial Against Person With Alzheimer's Must Be Postponed Under CrPC & BNSS If Accused Incapable Of Making His Defence: Kerala High Court
The Kerala High Court postponed the trial of a person diagnosed with Alzheimer's disease, recognizing that such individuals are incapable of defending themselves under Section 329 of the CrPC. The court emphasized that the accused's mental condition made a fair trial impossible. The judgment serves as an important precedent for addressing legal processes involving people with dementia or similar incapacitating conditions. It ensures that the criminal justice system does not unjustly prosecute individuals who cannot comprehend or participate in their defense due to severe mental health issues, safeguarding their fundamental rights.