In a recent judgment of Kerala High Court dated August 6, 2025, it was made clear by Justice G. Girish that reframing a judicial trial based on Section 329 of the Code of Criminal Procedure (CrPC) after the accused has been declared mentally unstable to conduct their case is subject to a new judicial inquiry. The order was instituted in a case of uxoricide whereby the accused, who was diagnosed with paranoid schizophrenia earlier and had received medical care, was held available to be tried in court. Session Court, however, reinstated the case and framed charges on the basis of only a new medical report, without holding a judicial hearing and without cross-examination by the medical professional. The High Court pointed out that a simple medical certificate is not enough. Rather, it is the trial courts that need to undertake a judicial inquiry procedure available in Sections 329 - 332 CrPC to determine on a self-contained basis whether the accused can defend themselves. Cross-examination of expert opinion is an opportunity that should be provided to the accused/ his representative. The judgment strengthens the legal protection of the criminal process, the fairness of the trial and the possibility of a mentally ill accused.