https://www.taxtmi.com/caselaws?id=309629 When an accused before a committing Magistrate raises a credible plea of present unsoundness of mind and supports it with material, the Magistrate must first decide whether there is reason to believe the accused is incapable of making his defence. If that threshold is met, the statutory inquiry and medical examination are mandatory before committal. Here, repeated applications and medical certificates required such an inquiry, and the earlier examination did not give a definitive opinion but indicated the need for further observation. The Magistrate therefore could not proceed to committal without complying with Section 464 of the Code of Criminal Procedure, 1898. The committal proceedings were vitiated and the orders below were set aside. en-us Wed, 30 Aug 1972 00:00:00 +0530 Thu, 14 Sep 2023 11:31:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309629 When an accused before a committing Magistrate raises a credible plea of present unsoundness of mind and supports it with material, the Magistrate must first decide whether there is reason to believe the accused is incapable of making his defence. If that threshold is met, the statutory inquiry and medical examination are mandatory before committal. Here, repeated applications and medical certificates required such an inquiry, and the earlier examination did not give a definitive opinion but indicated the need for further observation. The Magistrate therefore could not proceed to committal without complying with Section 464 of the Code of Criminal Procedure, 1898. The committal proceedings were vitiated and the orders below were set aside. Case-Laws Indian Laws Wed, 30 Aug 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309629