When accused appears to have been of sound mind
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Summary
If the accused appears of sound mind now but evidence shows that at the time of the act they were mentally unsound and could not understand the nature of the act or that it was wrong or against law, the Magistrate will continue the criminal proceedings. If the offence must be tried by the Sessions Court, the Magistrate will commit the accused to the Sessions Court for trial.
Example
Priya set fire to her neighbour's small shop while she was having a severe episode of mental illness. At the trial she appears composed, but medical reports and witness statements show she was then incapable of knowing the nature of her act or that it was wrong. The Magistrate proceeds with the case and commits Priya to the Sessions Court because the offence must be tried there.
Bare Act
Enacted textWhen the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
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