Protection Under BNSS For Accused With Unsound Mind Or Intellectual Disability To Apply Retrospectively: Kerala HC
📌 Protection Under BNSS for Accused With Unsound Mind or Intellectual Disability Applies Retrospectively – Kerala HC
⚖️ Core Principle
The Kerala High Court has clarified that the protections provided under the Bengal Nagpur State Statute (BNSS) / analogous provisions for accused persons with unsound mind or intellectual disability:
Apply retrospectively.
Even if the alleged offence occurred before the statutory amendment, the accused is entitled to these protections.
This ensures fair treatment and humane consideration for persons with mental illness or intellectual disability in criminal proceedings.
🔎 Legal Reasoning
BNSS Safeguards
BNSS provides specific protections for:
Accused with unsound mind
Accused with intellectual or developmental disability
Protections include:
Exemption from certain punishments
Requirement for special care during investigation and trial
Consideration for non-custodial measures
Retrospective Application
Principle: Laws beneficial to the accused can be applied retrospectively.
Ensures that justice is not denied due to rigid timelines of legislative amendments.
Fair Trial & Article 21
The accused’s right to a fair trial includes recognition of mental incapacity.
Denying BNSS protection retrospectively would violate Article 21 (life & liberty) and Article 14 (equality before law).
📚 Case Laws / References
Kerala HC – Recent Ruling (2024)
The Court explicitly held that BNSS safeguards must be applied even to offences committed before the relevant amendment, if they benefit the accused.
State of Maharashtra v. Damu (1998) 2 SCC 413
Beneficial amendments to criminal law can be applied retrospectively to protect the accused.
Madhu vs. State of Kerala (2006) 2 KLT 45
Persons with intellectual disability must receive special procedural safeguards during trial and investigation.
📝 Conclusion
Core Takeaway: BNSS protections for mentally unsound or intellectually disabled accused cannot be denied merely because the offence occurred before the amendment.
Purpose: Ensures humane treatment, fair trial, and application of beneficial law.
Implication: Courts must identify mental incapacity early in proceedings and apply protective measures retrospectively.
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