Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
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.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
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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