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Investigating Officer has to subject accused to psychiatric assessment if his sanity is in doubt: Bombay High Court

The prosecution alleged that in 2011, the appellant assaulted a pedestrian with an iron rod because of which the pedestrian died.

From witness depositions, the Court gathered that the appellant was of unsound mind and that the police officer who arrested him had specific knowledge of the same.

“Conjoint reading of the depositions and admissions given in the cross-examination by the aforesaid three witnesses reveal an important facet in the present case i.e. the fact of insanity of appellant. That the police officer who first reached the spot of incident and apprehended the Appellant and brought him to the police station had specific knowledge that he was having mental issues,” the Court stated.

In this background, the Court said that it was the duty of the Police Officer to immediately subject the appellant to a mental status examination, which he failed to do.

Source: Barandbench

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