CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF
UNSOUND MIND
328. Procedure in case of accused being lunatic.
(1)
When a Magistrate holding an inquiry has reason to believe that the person
against whom the
inquiry
is being held is of unsound mind and consequently incapable of making his
defence, the
Magistrate
shall inquire into the fact of such unsoundness of mind, and shall cause such
person
to
be examined by the civil surgeon of the district or such other medical officer
as the State
Government
may direct, and thereupon shall examine such surgeon or other officer as a
witness
and
shall reduce the examination to writing.
(2)
Pending such examination and inquiry, the Magistrate may deal with such person
in
accordance
with the provisions of section 330.
(3)
If such Magistrate is of opinion that the person referred to in sub-section (1)
is of unsound
mind
and consequently incapable of making his defence, he shall record a finding to
that effect
and
shall postpone further proceedings in the case.
329. Procedure in case of person of unsound mind tried before
Court.
(1)
If at the trial of any person before a Magistrate or Court of Session, it
appears to the
Magistrate
or Court that such person is of unsound mind and consequently incapable of
making
his
defence, the Magistrate or Court shall, in the first instance, try the fact of
such unsoundness
and
incapacity, and if the Magistrate or Court, after considering such medical and
other evidence
as
may be produced before him or it, is satisfied of the fact, he or it shall
record a finding to that
effect
and shall postpone further proceedings in the case.
(2)
The trial of the fact of the unsoundness of mind and incapacity of the accused
shall be
deemed
to be part of his trial before the Magistrate or Court.
330. Release of lunatic pending investigation or trial.
(1)
whenever a person is found, under section 328 or section 329, to be of unsound
mind and
incapable
of making his defence, the Magistrate or Court, as the case may be, whether the
case is
one
in which bail may be taken or not, may release him on sufficient security being
given that he
shall
be properly taken care of and shall be prevented from doing injury to himself
or to any
other
person, and for his appearance when required before the Magistrate or Court or
such officer
as
the Magistrate or Court appoints in this behalf.
(2)
If the case is one in which, in the opinion of the Magistrate or Court, bail
should not be taken,
or
if sufficient security is not given, the Magistrate or Court, as the case may
be, shall order the
accused
to be detained in safe custody in such place and manner as he or it may think
fit, and
shall
report the action taken to the State Government:
Provided
that no order for the detention of the accused in a lunatic asylum shall be
made
otherwise
than in accordance with such rules as the State Government may have made under
the
Indian
Lunacy Act, 1912 (4 of 1912).
331. Resumption of inquiry or trial.
(1)
Whenever an inquiry or a trial is postponed under section 328 or section 329,
the Magistrate
or
Court as the case may be, may at any time after the person concerned has ceased
to be of
unsound
mind, resume the inquiry or trial, and require the accused to appear or be
brought before
such
Magistrate or Court.
(2)
When the accused has been released under section 330, and the sureties for his
appearance
produce
him to the officer whom the Magistrate or Court appoints in this behalf, the
certificate of
such
officer that the accused is capable of making his defence shall be receivable
in evidence.
332. Procedure on accused appearing before Magistrate or Court.
(1)
If, when the accused appears or is again brought before the Magistrate or
Court, as the case
may
be, the Magistrate or Court considers him capable of making his defence, the
inquiry or trial
shall
proceed.
(2)
If the Magistrate or Court considers the accused to be still incapable of
making his defence,
the
Magistrate or Court shall act according to the provisions or section 328 or
section 329, as the
case
may be, and if the accused is found to be of unsound mind and consequently
incapable of
making
his defence, shall deal with such accused in accordance with the provisions of
section
330.
333. When accused appears to have been of sound mind.
When
the accused appears to be of sound mind at the time of inquiry or trial, and
the Magistrate
is
satisfied from the evidence given before him that there is reason to believe
that the accused
committed
an act, which, if he had been of sound mind, would have been an offence, and
that he
was,
at the time when the act was committed, by reason of unsoundness of mind,
incapable of
knowing
the nature of the act or that it was wrong or contrary to law, the Magistrate
shall
proceed
with the case, and, if the accused ought to be tried by the Court of Session,
commit him
for
trial before the Court of Session.
334. Judgment of acquittal on ground of unsoundness of mind.
Whenever
any person is acquitted upon the ground that, at the time at which he is
alleged to have
committed
an offence, he was, by reason of unsoundness of mind, incapable of knowing the
nature
of the act alleged as constituting the offence, or that it was wrong or
contrary to law, the
finding
shall state specifically whether he committed the act or not.
335. Person acquitted on such ground to be detained in safe
custody.
(1)
Whenever the finding states that the accused person committed the act alleged,
the magistrate
or
Court before whom or which the trial has been held shall, if such act would,
but for the
incapacity
found have constituted an offence,—
(a)
order such person to be detained in safe custody in such place and manner as
the
Magistrate
or Court thinks fit; or
(b)
order such person to be delivered to any relative or friend of such person.
(2)
No order for the detention of the accused in a lunatic asylum shall be made
under clause (a)
of
sub-section (1) otherwise than in accordance with such rules as the State
Government may
have
made under the Indian Lunacy Act, 1912 (4 of 1912).
(3)
No order for the delivery of the accused to a relative or friend shall be made
under clause (b)
of
sub-section (1) except upon the application of such relative or friend and on
his giving
security
to the satisfaction of the Magistrate or Court that the person delivered shall—
(a)
be properly taken care of and prevented from doing injury to himself or to any
other
person;
(b)
be produced for the inspection of such officer, and at such times and places,
as the
State
Government may direct.
(4)
The Magistrate or Court shall report to the State Government the action taken
under subsection
(1).
336. Power of State Government to empower officer in charge to
discharge.
The
State Government may empower the officer in charge of the jail in which a
person is
confined
under the provisions of section 330 or section 335 to discharge all or any of
the
functions
of the Inspector-General of Prisons under section 337 of section 338.
337. Procedure where lunatic prisoner is reported capable of
making his defence.
If
such person is detained under the provisions of sub-section (2) of section 330,
and in the case
of
a person detained in a jail, the Inspector-General of Prisons, or, in the case
of a person
detained
in a lunatic asylum, the visitors of such asylum or any two of them shall
certify that, in
his
or their opinion, such person is capable of making his defence, he shall be
taken before the
Magistrate
or Court, as the case may be, at such time as the Magistrate or Court appoints,
and the
Magistrate
or Court shall deal with such person under the provisions of section 332; and
the
certificate
of such Inspector-General or visitors as aforesaid shall be receivable as
evidence.
338. Procedure where lunatic detained is declared fit to be released.
(1)
If such person is detained under the provisions of sub-section (2) of section
330, or section
335
and such Inspector-General or visitors shall certify that, in his or their
judgment, he may be
released
without danger of his doing injury to himself or to any other person, the State
Government
may thereupon order him to be released, or to be detained in custody, or to be
transferred
to a public lunatic asylum if he has not been already sent to such an asylum;
and, in
case
it orders him to be transferred to an asylum, may appoint a Commission,
consisting of a
judicial
and two medical officers.
(2)
Such Commission shall make a formal inquiry into the state of mind of such
person, take
such
evidence as is necessary, and shall report to the State Government, which may
order his
release
or detention as it thinks fit.
339. Delivery of lunatic to care of relative or friend.
(1)
Whenever any relative or friend of any person detained under the provisions of
section 330 or
section
335 desires that he shall be delivered to his care and custody, the State
Government may,
upon
the application of such relative or friend and on his giving security to the
satisfaction of
such
State Government, that the person delivered shall—
(a)
be properly taken care of and prevented from doing injury to himself or to any
other person;
(b)
be produced for the inspection of such officer, and at such times and places,
as the State
Government
may direct;
(c)
in the case of a person detained under sub-section (2) of section 330, be produced
when
required
before such Magistrate or Court, order such person to be delivered to such
relative or
friend.
(2)
If the person so delivered is accused of any offence, the trial of which has
been postponed by
reason
of his being of unsound mind and incapable of making his defence, and the
inspecting
officer
referred to in clause (b) of sub-section (1), certifies at any time to the
Magistrate or Court
that
such person is capable of making his defence, such Magistrate or Court shall
call upon the
relative
or friend to whom such accused was delivered to produce him before the
magistrate or
Court,
and, upon such production the magistrate or Court shall proceed in accordance
with the
provisions
of section 332, and the certificate of the inspecting officer shall be
receivable as
evidence.
