Criminal Procedure Code · 2021 Revised Edition · Part 8
315. Procedure where accused is of unsound mind
Official textFrom Attorney General's Chambers, unchanged
When a Court holding an inquiry or a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, it shall in the first instance inquire into the fact of such unsoundness, and if not satisfied that such person is capable of making his defence, shall postpone the inquiry or trial and shall remand him to a hospital for a period not exceeding one month.
The medical officer of the hospital shall keep the person under observation during the period of his remand and before the expiry of the period, shall certify under his hand to the Court his opinion as to the state of mind of the person, and if he is unable within the period to form any definite conclusion, shall so certify to the Court and shall ask for a further a remand which may extend to 2 months.
medical officer
"medical officer" means a registered medical practitioner employed by Government and if no such oficer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director-General of Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
medical officer
Defined · s 2"medical officer" means a registered medical practitioner employed by Government and if no such oficer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director-General of Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part