Procedure in case of person of unsound mind tried before Court
AI Assist
Summary
If during trial the court finds the accused of unsound mind and unable to make a defence, it must record that after medical evidence and postpone proceedings. The accused is referred to a psychiatrist or clinical psychologist. If no prima facie case exists the accused may be discharged and placed under mental‑health care; if a prima facie case exists, the trial is postponed for treatment; if incapacity is due to mental retardation, no trial is held and care provisions apply.
Example
Rohan is on trial for an alleged assault but during proceedings he cannot understand questions or make a defence. The court records a finding of unsoundness after medical evidence and refers him to a psychiatrist. The psychiatrist reports Rohan cannot defend himself; finding no prima facie case, the court discharges Rohan and arranges mental‑health care.
Bare Act
Enacted text(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.
1A. If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of -
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(a) head of psychiatry unit in the nearest government hospital; and
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(b) a faculty member in psychiatry in the nearest medical college;
(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330:
Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.
(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330
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