Procedure where prisoner of unsound mind is reported capable of making his defence
AI Assist
Summary
When the Inspector-General of Prisons (for a jail detainee) or the Mental Health Review Board (for someone in a public mental health establishment) certifies that a detained person formerly of unsound mind is now capable of making his defence, the person must be brought before the Magistrate or Court at the time the court fixes. The Magistrate or Court will then deal with the person under section 371, and the certificate is admissible as evidence.
Example
Rohan was detained in jail as previously of unsound mind and the Inspector-General of Prisons examines him and certifies he can make his defence. Rohan is produced before the Magistrate on the date fixed, and the Magistrate proceeds under section 371 using the certificate as evidence.
Bare Act
Enacted textIf a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
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