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of <h1>Procedures for Cases Involving Accused of Unsound Mind Under Section 368 of the Bharatiya Nagarik Suraksha Sanhita 2023.</h1> Section 368 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines procedures for handling cases involving accused persons of unsound mind. If a Magistrate or Court determines that an accused is incapable of defense due to unsoundness of mind, it must first verify this condition with medical evidence. If confirmed, proceedings are postponed, and the accused is referred to a psychiatrist or clinical psychologist. If unsoundness is confirmed, the Court assesses the accused's capability to defend themselves. If incapable, the Court may discharge the accused if no prima facie case exists or postpone the trial for treatment if a case is present. If intellectual disability prevents defense, the accused is handled under section 369.
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