Section 368 - Procedure in case of person of unsound mind tried before Court

Fitness to stand trial: medical assessment required, with postponement or statutory disposition if defence incapacity found.

Where an accused appears of unsoundness of mind and incapable of making defence, the court must try that fact on medical and other evidence, refer the accused to a psychiatrist or clinical psychologist whose report may be appealed to a Medical Board, and if incapacity to enter defence is found examine prosecution evidence without questioning the accused. If no prima facie case exists the accused is to be discharged and dealt with under the statute; if a prima facie case exists the court shall postpone trial for the treatment period recommended. Intellectual disability causing incapacity bars trial and triggers statutory disposition.