Procedure in case of person of unsound mind tried before Court
AI Assist
Summary
If a Magistrate or Court of Session suspects an accused is of unsound mind and cannot make a defence, it must first determine that fact on medical and other evidence. If satisfied, it records the finding, refers the accused to a psychiatrist or clinical psychologist and either postpones the trial for treatment or, after reviewing prosecution evidence without questioning the accused, discharges them if no prima facie case exists. The accused may appeal the psychiatric report to a Medical Board.
Example
Priya is on trial for an alleged assault but seems unable to understand the charges or answer questions. The Magistrate refers her to a psychiatrist; if the psychiatrist reports unsoundness and the court, after reviewing prosecution evidence without questioning her, finds no prima facie case, Priya will be discharged; if a prima facie case exists the trial will be postponed for treatment as advised.
Bare Act
Enacted text(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 of mind 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) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:
Provided that if the accused is aggrieved by the information given by the psychiatrist or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-
- (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college.
(3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 369:
Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.
(4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 369.
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