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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXIV

LUNATICS

When accused appears to have been insane
469. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate 1[or, as the case may be, the Court is satisfied from the evidence given before him or it] that there is reason to believe that the accused committed an act which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate 2[or, as the case may be, the Court shall proceed with the case].

  • 1
    The words and commas "or, as the case may be, the court is satisfied from the evidence given before him or it" were substituted for the words "is satisfied from the evidence given before him" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The words and commas "or, as the case may be, the Court shall proceed with the case" were substituted, for the words "shall proceed with the case, and, if accused ought to be committed to the Court of Session or High Court Division, send him for trial before the Court of Session or High Court Division, as the case may be" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
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