Procedure where accused does not understand proceedings
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Summary
If an accused person is not of unsound mind but cannot be made to understand the proceedings, the court may continue the inquiry or trial. If a court other than the High Court convicts in such circumstances, it must send the proceedings with a report of the circumstances to the High Court, which will pass whatever order it thinks fit.
Example
Ravi, who is deaf but not of unsound mind, is accused of damaging a neighbour's shop and cannot follow courtroom questions. The magistrate proceeds with the trial; if Ravi is convicted, the magistrate forwards the papers and a report of the circumstances to the High Court, and the High Court will decide what order to pass.
Bare Act
Enacted textIf the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
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