Rajasthan HC: Dementia alone can’t halt trial without medical board’s fitness report

Rajasthan HC: Dementia alone can’t halt trial without medical board’s fitness report

The High Court of Judicature for Rajasthan, Jaipur Bench, held that mere diagnosis of severe dementia is not sufficient to stall criminal trial proceedings unless a duly constituted Medical Board certifies the accused’s unfitness to stand trial. In Sonu Ram Pachauri vs. State of Rajasthan & Anr., the Court examined whether the procedure under Section 329 CrPC was properly followed after an accused was released to family custody on medical grounds. The existing medical report stated that the accused suffered from severe dementia and cognitive impairment but failed to clearly opine on his capacity to understand proceedings or instruct counsel—a mandatory requirement under Section 329. The Court emphasized that a trial cannot be deferred solely on vague medical opinions. It directed constitution of a fresh Medical Board, comprising senior psychiatric experts from a government hospital and medical college, to specifically assess whether the accused is mentally fit to comprehend and participate in the trial. The Court ordered a re-evaluation by the Medical Board and fixed timelines for appearance and reporting, reinforcing that fair trial rights must balance both the accused’s mental health and the victim’s right to justice, strictly in accordance with statutory safeguards.