Law And Mentally-Ill

 

 

 

 

IN THE judgement of the case- Pramod Wamanrao Dhule v. The State of Maharashtra and another, delivered on September 25, 2025, at the Aurangabad Bench of the Bombay High Court, Justice Sanjay A. Deshmukh has quoted the Supreme Court stating in the citation – Sundarjas Kanyalal Bhathija & others v. The Collector ,Thane Maharashtra & others –AIR 1991 SC 1893, that “The law being an instrument of social change, it is the duty of the superior courts and tribunals to make the law predictable and effective as a guide to behaviour. The law must be determined with reasons that carry conviction within courts, the legal profession and the public to avoid confusion among lawyers and trial courts.”

 

This application in this case was filed for grant of regular bail under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in the Crime 216/2024 registered at the Bhagya Nagar Police Station, District Nanded for the offences punishable under sections 302, 304, 498(A) and 323 IPC, 1860. The informant stated in the report that his elder daughter Kranti was married to the applicant and had given birth to two children. The applicant was serving in the CRPF and, due to his misconduct, as he was addicted to liquor, he was terminated from his job. The informant’s daughter, Kranti was suffering from a spleen ailment.

 

The applicant frequently harassed her under the influence of liquor. On the night of May 7, 2024, the applicant beat his wife delivering fists and kicks to the left side of her chest near the spleen in the presence of their children. She suffered a lot, was admitted to the hospital and succumbed to her injuries on May 10, 2024. She was beaten solely because she could not provide a meal to him as per his immediate demand. Their two children were eye-witnesses to the incident of beating. When the High Court expressed disinclination to allow the application, upon instructions, the counsel for the applicant, had sought leave to withdraw the application. The allegation against the applicant in the report is that he is addicted to liquor, which is the reason for the quarrel and subsequent murder of the wife by him. If a person is addicted to liquor or drugs, it creates an irresistible impulse to commit overt acts. An irresistible impulse means “An impulse produced by a mental disease affecting volition, as distinguished from perceptive powers, so that the person afflicted, while able to understand the nature and consequences of their actions, is unable due to such mental disease, to resist the impulse to act.”

 

If a person is addicted to hooch (illicit liquor or prohibited drugs), it is considered a mental illness as defined under section 2(1)(s) of the Mental Health care Act, 2017, which states that it includes mental conditions associated with the abuse of alcohol and drugs. Thus, it prima facie appears that the applicant Pramod suffers from a mental illness due to his illness from liquor, as defined under the said Act, where the abuse of alcohol or drugs is an essential ingredient requiring psychiatric treatment and psychological counselling for curing his illness. The World Health Organisation (WHO) also opines that persons addicted to prohibited liquor or drugs are mentally-ill. Due to such illness, an irresistible impulse is created in the minds of such individuals, causing them to become violent and commit crimes, generally assault, for money, resulting in serious injury or death to innocents. Illicit hooch and drugs are easily available and illegally sold despite being prohibited under the Maharashtra Prohibition Act, 1949, MPDA Act ,1981 and NDPS Act, 1985. These prohibited materials are sold illegally by bootleggers and peddlers to young individuals, which often leads to intoxication and an increased propensity to commit criminal and civil mischief. Such addicts often harass their family members, friends and others, demanding money to satisfy their vices. When arrested they are found assaulting police and jail staff while being handled.

 

They create constant fear in society. Though, they suffer from mental illness, they are often harshly condemned due to lack of awareness about mental illness instead of being considered sympathetically, as other illnesses are treated. Such mentally ill persons are often not treated by a psychiatrist for their addiction to liquor and drugs. Most of these persons are uneducated, poor, and belong to the lower economic strata of society. Such mental illness results in multiple criminal litigations. As per Press reports, hooch and prohibited drugs are illegally provided to our new generation by neighbouring countries, constituting a “drugs war” against our country.

 

The young generation is victim of this, and they commit serious crimes under the influence of liquor and prohibited drugs. Therefore, as per the procedure outlined in the Mental Healthcare Act, 2017, police or investigating officers, who arrest such persons and produce them for remand, the authorities are expected to ensure a medical examination and treatment of such addicted persons. However, medical examinations of such arrested accused persons are often conducted routinely, merely to comply with formalities. Instead, they must direct a medical examination through a psychiatrist for their addiction to liquor and drugs and, if found mentally ill, they should be directed to a rehabilitation centre for treatment based on the psychiatrist’s report. The help of a counsellor or psychologist to change their mindset must be simultaneously taken. If such mentally-ill persons are released on bail, they continue their illegal acts. Also, it is dangerous to released such persons on bail, as they pose constant threats due to their propensity to commit crimes against society, particularly against their family members.

 

There are strong legal and factual grounds for not releasing them on bail. Therefore, instead of releasing them on bail without proper treatment and rehabilitation, it would be beneficial to treat them for their mental illness in the interest of the safety of the society at large. If this course is followed by all concerned police, jail authorities, and courts, it will reduce the number of crimes and the society will be relieved from the legal mischief of such persons, fulfilling the objective of the reformative theory of punishment as per criminology and penology. The HC has directed its Registrar General to send copies of this Order with direction to ensure compliance to all courts of the District Judiciary, Directorate General of State of Maharashtra, Home and Health departments of Maharashtra. The HC has granted leave to withdraw the application for regular bail and disposed of the application with directions having long-term effects.