Criminal case against person with mental disability
My brother has mental sickness. From last five years, he has been assaulting many people via phonecalls and WhatsApp etc. (sexual harassment included). Several police complaints have been made by various people. But as he is mentally sick, police can't do much other than pressuring us (the family) to take him to psychologist which we did many times. But he doesn't take his medication and if we force him then he threatens and abuse us. We cannot pay for his treatment anymore and we want him gone. Is there any legal way to do this? Is there any government facility which provides free shelter and care to such people? In short, we want to abandon him but in a legal way.
As per Section 84 of the Indian Penal Code, a person of unsound mind is not capable of knowing that the nature of the act, is illegal and is therefore cannot be considered as a offendor. Even if your brother is arrested for the offence, he will have to prove his insanity to claim the exception under the Code. If he is successful then as per 471 (i) of the Cr.P.C. he will have to be committed to the Psychiatric Hospitals. Unfortunately, mild versions of mental disorders are often not covered under this ambit and it will be the discretion of the judge to determine whether your brother's condition will fall under the exception.
Apart from opinion of Lawfarm Team, out of my judicial experience that such mentally retarded person may be sent to mental hospital which has inpatient facility free of cost. Such action could be taken by local Magistrate on the report of local Sub-Inspector of Police in the larger interest of Society.
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