Kerala High Court: low IQ by itself does not make an accused unfit to stand trial under Section 368 BNSS

6 October 2026

Justice Jobin Sebastian of the Kerala High Court held that a low IQ or an intellectual disability does not, by itself, render an accused incapable of entering upon his defence.
The test, the Court said, is the accused's functional capacity to understand the proceedings and take part in them.
The ruling came in a criminal revision petition by the sole accused in a POCSO case, who sought postponement of the trial under Section 368 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner relied on a Medical Board report recording an IQ of 35 and a psychiatrist's report placing his social age at about ten years.
Both the psychiatrist and the Medical Board found him fit, and the Court noted he could instruct his counsel, follow the proceedings and give coherent answers.
The High Court found the trial court had followed the Section 368 procedure and had weighed the medical evidence properly, and dismissed the revision petition.
The neutral citation of the judgment is 2026:KER:75844.