1[(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college.]
(2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 330.
2[(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 330:
Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 330.
(4) If such Magistrate is informed that the person referred to in sub-section (1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330.]
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Explain the Code
This section outlines the steps to be taken when a court finds an accused person to be of unsound mind. It mandates that:- If at any stage of the proceedings, the court finds the accused to be of unsound mind, the court shall order that the accused be sent to a mental hospital for observation and medical examination.
- The medical superintendent of the mental hospital shall examine the accused and submit a report to the court within the specified time.
- Based on the report, the court can take one of the following actions:
- If the report finds the accused to be of unsound mind, the court shall order the accused to be detained in a mental hospital until they recover.
- If the report finds the accused to be of sound mind, the trial shall proceed as per the normal procedure.
Illustrate the Code
Imagine a case where an accused is facing charges of murder. During the trial, the accused exhibits erratic behavior and makes incoherent statements. The court, suspecting that the accused may be of unsound mind, orders them to be sent to a mental hospital for examination. The medical superintendent submits a report confirming the accused’s lunacy. The court then orders the accused to be detained in the mental hospital until recovery. The trial will be stayed until the accused is deemed fit to stand trial.Common Questions and Answers
Q: Who can order the accused to be sent for medical examination?
A: Only the court can order the accused to be sent for medical examination.Q: What if the medical report finds the accused to be of sound mind?
A: The trial will proceed as normal, and the accused will be held responsible for their actions.Q: What are the rights of the accused if they are found to be of unsound mind?
A: The accused has the right to be represented by a lawyer and the right to challenge the findings of the medical report.
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