RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTYBharatiya Nagarik Suraksha Sanhita, 2023
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTYBharatiya Nagarik Suraksha Sanhita, 2023
Unsoundness of mind procedure: magistrate must obtain medical opinion and may discharge or postpone proceedings accordingly. When a magistrate suspects an accused of unsoundness of mind and incapacity to defend, the magistrate must obtain medical examination, refer confirmed ... Summary
Unsoundness of mind procedure: magistrate must obtain medical opinion and may discharge or postpone proceedings accordingly.
When a magistrate suspects an accused of unsoundness of mind and incapacity to defend, the magistrate must obtain medical examination, refer confirmed cases to a government psychiatrist or clinical psychologist (with right of appeal to a Medical Board), and determine whether incapacity precludes defence. If no prima facie case exists, the magistrate shall discharge and deal with the accused under section 369; if a prima facie case exists, proceedings are postponed for the treatment period recommended and the accused is dealt with under section 369; intellectual disability causing incapacity requires closure of the inquiry and measures under section 369.
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