Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is available to a witness deferring her/. The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment. The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is available to a witness deferring her/ his examination till having been properly cured from mental ailment. Justice Aditya Kumar Trivedi observed: “There happens to be special provision prescribed for trial relating to insane, lunatic, accused under the Criminal Procedure Code, properly identifiable under Chapter-XXV, but so far status of witness/ victim is concerned, there happens to be no such provision available under the Criminal Procedure Code guiding the affair.” Referring the question to division bench, the court observed: “Question now remains to be answered is, being layman, the rustic illiterate villagers are not in a position to identify as well as bifurcate the aforesaid two kinds of mental disorder.