Procedure on accused appearing before Magistrate or Court
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Summary
When the accused appears or is brought before the Magistrate or court, the Magistrate or court must decide whether he can make his defence. If he is capable, the inquiry or trial proceeds. If he is still incapable, the court follows the law's procedures for an accused who cannot make a defence, and if found of unsound mind, applies the special procedure for such persons.
Example
Priya files a complaint and Rohan is brought before the Magistrate but seems confused and cannot answer about his defence. If the Magistrate decides Rohan can make his defence, the trial continues. If not, the Magistrate will follow the statutory steps to assess capacity and, if Rohan is found of unsound mind, handle him under the law for such cases.
Bare Act
Enacted text(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
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