Procedure where accused does not understand proceedings
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Summary
If an accused person is sane but cannot be made to understand the inquiry or trial, the court can still go on with the proceedings. If a court below the High Court convicts in such a case, it must send the record and a report of the circumstances to the High Court. The High Court will then pass whatever order it thinks fit.
Example
Priya is accused of shop theft but, though mentally sound, does not understand the language used in court and cannot follow the proceedings. The magistrate may continue the trial. If Priya is convicted by the lower court, the case papers and a report about her inability to understand must be sent to the High Court, which will decide what to do next.
Bare Act
Enacted textIf the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and in the case of a Court other than a High Court if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
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