Kerala High Court: Medical Opinion Alone Not Enough to Resume Trial of Accused Who is Mentally Ill

The Kerala High Court held that trial courts must conduct a fresh judicial enquiry under Sections 329 and 332 CrPC before resuming proceedings against an accused previously found unfit to stand trial due to mental illness.

Even if a later medical report deems the person fit, medical opinion alone is not conclusive. The accused or their representative must be allowed to cross-examine doctors and present contrary evidence.

The Court clarified that Section 105 of the Mental Healthcare Act, 2017, does not override the CrPC procedure. It set aside the Sessions Court order and directed a fresh judicial enquiry.

[Jose v The Sub Inspector of Police and Another]