Resumption of inquiry or trial
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Summary
When an inquiry or trial was postponed because the accused was of unsound mind, the magistrate or court can resume it once the person is no longer of unsound mind and may order the accused to appear or be produced. If the accused was released on sureties and those sureties bring him to the officer appointed by the court, that officer's certificate that he is capable of making his defence is admissible in evidence.
Example
Rohan was accused of assault and the trial was postponed when doctors found him to be of unsound mind. After treatment he recovers, so the magistrate resumes the trial and orders him to be brought to court. If Rohan had been released on sureties and his sureties bring him to the officer the court appointed, that officer's certificate that he can make his defence will be received in evidence.
Bare Act
Enacted text(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, 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 369, 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.
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