Resumption of inquiry or trial
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Summary
If an inquiry or trial was postponed because the accused was of unsound mind, the magistrate or court may resume it once the accused is no longer of unsound mind and can order the accused to appear. If the accused was released to sureties, the officer appointed to produce him can certify that he is capable of making his defence, and that certificate is admissible in evidence.
Example
Priya was accused of stealing from a neighbourhood shop and the inquiry was postponed when doctors found her of unsound mind. After treatment she recovered and the magistrate resumed the inquiry, ordering Priya to be brought to court. Because she had been released to sureties, the appointed officer gave a certificate that she could make her defence, and the court accepted it as evidence.
Bare Act
Enacted text(1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
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