Psychiatry · Mental Healthcare Act 2017, Capacity and Forensic Assessment

A court finds that a 40-year-old man committed murder while of unsound mind and therefore cannot be held criminally responsible. What is the correct legal consequence under Indian law?

  • A He must be unconditionally discharged since he bears no criminal responsibility
  • B His family assumes legal guardianship and the case is closed without further court oversight
  • C He serves a reduced sentence proportionate to his degree of mental impairment
  • D The court orders him to be kept in safe custody in the manner the State Government directs, usually in a psychiatric facility
Correct answer: D. The court orders him to be kept in safe custody in the manner the State Government directs, usually in a psychiatric facility

Explanation

Under the statutory scheme following an acquittal on grounds of unsoundness of mind, the court does not release the accused automatically. It orders detention in safe custody at a place the State Government directs, typically a psychiatric hospital, with periodic review by the appropriate authorities. Option A is wrong because public safety considerations govern disposal, not immediate freedom. India does not recognise a verdict of guilty but mentally ill with a reduced sentence, which eliminates option C.

Reference: A Short Textbook of Psychiatry, Niraj Ahuja, 8th ed.

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