Print View

[Section Index]

The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXIV

LUNATICS

Procedure in case of accused being lunatic
464.(1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defense, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Civil Surgeon of the district or such other medical officer as the Government directs, and thereupon shall examine such Surgeon or other officer as a witness, and shall reduce the examination to writing.
 
 
1[(1A) Pending such examination and inquiry the Magistrate may deal with the accused in accordance with the provisions of section 466.]
 
 
 
 
(2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.

  • 1
    Sub-section (IA) was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs