Procedure on accused appearing before Magistrate or Court
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Summary
When an accused appears before the magistrate or court, the judge must decide if they can make their own defence. If capable, the inquiry or trial continues. If still incapable, the court follows the prescribed procedures to assess fitness and, if found of unsound mind, deals with them under the law for such persons.
Example
Ravi, after a head injury, is brought before the magistrate. The magistrate finds him unable to make his defence and orders a medical examination and a pause in the trial while fitness is decided. If Ravi is declared of unsound mind, the court will deal with him under the legal procedures for mentally unfit accused.
Bare Act
Enacted text(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions or section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 330.
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