Supreme Court dismisses appeal against dismissal by ex-army man

Depression and unsoundness of mind are regarded as two different terms. Depression is basically a mood disorder that can affect person’s daily life. It is a common mental disorder which is faced by large number of people. It is different from the mood fluctuations that people regularly experience as part of life.

While the term unsoundness of mind is lunacy or insanity where the person is unable to understand particular terms and is unable to form rational judgements as to its effect on his interests. It also states a man who is delirious from fever or in intoxicating condition cannot enter into any contract. Though he can enter into a contract or held liable only when he is usually of unsound mind but occasionally of sound mind.

In recent case the Supreme Court observed that ‘Depression’ does not qualify as ‘Unsound mind’ for the purpose of entitling one to the defence underDepression and unsoundness of mind are regarded as two different terms. Depression is basically a mood disorder that can affect person’s daily life. It is a common mental disorder which is faced by large number of people. It is different from the mood fluctuations that people regularly experience as part of life.
While the term unsoundness of mind is lunacy or insanity where the person is unable to understand particular terms and is unable to form rational judgements as to its effect on his interests. It also states a man who is delirious from fever or in intoxicating condition cannot enter into any contract. Though he can enter into a contract or held liable only when he is usually of unsound mind but occasionally of sound mind.
In recent case the Supreme Court observed that ‘Depression’ does not qualify as ‘Unsound mind’ for the purpose of entitling one to the defence under section 84 of Indian Penal Code. Here the question before the court was whether depression of mind can be regarded as unsoundness of mind. Wherein an army officer hit his senior officer with stone and in defence stated that he was suffering from depression and undergoing treatment. The court was firm on its decision that they do not find any reason to interfere with the impugned order passed by Armed Forces Tribunal, Regional Bench Lucknow. Accordingly the appeal was dismissed. The terms unsoundness of mind and depression of mind are completely different.
Here the question before the court was whether depression of mind can be regarded as unsoundness of mind. Wherein an army officer hit his senior officer with stone and in defence stated that he was suffering from depression and undergoing treatment. The court was firm on its decision that they do not find any reason to interfere with the impugned order passed by Armed Forces Tribunal, Regional Bench Lucknow. Accordingly the appeal was dismissed. The terms unsoundness of mind and depression of mind are completely different.

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