Section 105 of MHCA : Section 105: Question Of Mental Illness In Judicial Process

Explanation using Example

Imagine a scenario where Mr. Sharma is involved in a legal battle over the execution of a will. During the court proceedings, his lawyer presents a medical certificate indicating that Mr. Sharma was suffering from a mental illness at the time the will was made. The opposing party, Mr. Sharma's relative, disputes this claim, arguing that Mr. Sharma was of sound mind and the will should be considered valid.

In accordance with Section 105 of The Mental Healthcare Act, 2017, the court, facing this dispute over Mr. Sharma's mental health, decides to refer the matter to the concerned Mental Health Review Board. The Board is tasked with verifying the claim of mental illness. They conduct a thorough examination, potentially forming a committee of psychiatric experts for an in-depth analysis.

After completing their investigation, the Board provides the court with an expert opinion on Mr. Sharma's mental state at the time the will was drafted. The court then uses this information to make a more informed decision on the validity of the will, taking into account the Board's findings on Mr. Sharma's mental health.