Since it can be proved that your uncle is not having a stable mental health, this can be a reason to get him out of the crisis.

To stand trial, a defendant must be fit. If a person has committed an offence under the Criminal Code and suffers from a mental health problem, his or her fitness to stand trial may be questioned. The term "fit to stand trial" refers to the mental state of the defendant at the time of the legal proceedings.

The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act.

Hello

State before the court that your uncle is of unsound mind and hence he doesn't know what happened. The neighbour has cooked up a story and is unnecessarily harassing him. But before talk to your neighbours. The offence can be compounded if they withdraw the case.

Regards

Rely upon medical certificate to prove tha uncle is not of sound mind for last 6 years

I presume medical certificate is from reputed hospital and it was given after conducting medical tests

Sec. 84. Act of a person of unsound mind:

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law

A criminal act is exempted from punishment,

(i) if the accused is a person of unsound mind;

(ii) if he, at the time of doing it, does not know the nature of the act; or

(iii) that he is doing what is either wrong or contrary to law.

Sir if there is strong medical evidence that he was not of sound mind at that time then this defence can be taken at earlier stage of the case only and based in that case can be conducted.

Further if the mendical evidence is not so strong in that case he should plead not guilty and don't take any defence and face trial and then get out of same

Hello,

Right way will be to say that the uncle is of unsound mind. Unsoundness is a defense in IPC.

Moreover there has to be an intention in criminal law, which is absent in your case.

Medical certificate are in your support. Go ahead and take the defense.

Regards

Dear Client,

Defense will be - Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property OR

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Either of them not both and second option is more appealing.

1. IF Medical Certificate of Govt. Hospital positively states about "mental instability", THEN the court will not be able to convict him, irrespective of any other criteria. Medical Certificate of Govt. Hospital is a good & irrefutable documentary evidence.

Keep Smiling .... Hemant Agarwal