Criminal Procedure Code · 2021 Revised Edition · Part 8
316. Certificate of medical officer
Official textFrom Attorney General's Chambers, unchanged
If the medical officer shall certify that the accused person is of sound mind and capable of making his defence, the Court shall proceed with the inquiry or trial.
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;
a
If the medical officer shall certify that the person is of unsound mind and incapable of making his defence, the Court shall, if
174 CAP. 7
Criminal Procedure Code satisfied of the fact, find accordingly, and thereupon the inquiry or trial, as the case may be, shall be postponed.
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
The certificate of the medical officer shall be receivable as evidence under this section, but the Court may require the personal attendance of the medical officer.
If the accused person is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in Court during proceedings under this Chapter.
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