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"Supreme Court order can not be given to mentally ill hanging"! |
On April 18, 2019, the Supreme Court said that the mental patient can not be punished for hanging. This historical verdict of the Supreme Court has created new hopes for those prisoners who were sentenced to death, who got infected with severe mental illness after conviction.
The bench, comprising Justices N.V. Raman, Justice MM Shantangoudar and Indira Banerjee's three-judge bench ruled this ruling.
A bench headed by Justice N.V. Raman has said that the health condition of the person convicted of death will now be the reason for the death penalty for the appeals court. According to the Supreme Court, the mental state of the inmates for the appellate courts will be an important aspect to not be sentenced to death.
The bench said that the accused can now petition for 'legalized insanity' under the Indian Penal Code (IPC) to avoid criminal prosecution. At the same time the defendants can add it to the time of the crime. The Peeth gave relief from the conviction of the convicted prisoner because he did not know the consequences of the incident due to his mental condition.
In order to prevent misuse of the directive, the bench said that the burden will be on the accused so that he can prove that he is suffering from severe mental illness with clear evidence.Court said that in the appropriate cases, the expert report on the claim of mental illness of the court convicts Can constitute a panel.
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