Procedure in case of accused being person of unsound mind.

What this section does

When a Magistrate holding an inquiry has reason to believe the accused is of unsound mind and incapable of making a defence, the Magistrate shall inquire into the fact, cause examination by the civil surgeon (who may refer to a psychiatrist or clinical psychologist), and record the examination. If the accused is found to be of unsound mind and incapable of entering defence, the Magistrate shall record a finding, examine prosecution evidence, and either discharge the accused (if no prima facie case) or postpone proceedings for the period required for treatment; if the accused is found to have an intellectual disability rendering him incapable of defence, the Magistrate shall order closure of the inquiry. An aggrieved accused may appeal the psychiatric/clinical psychologist's finding to a Medical Board.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Civil Surgeon · Psychiatrist · Clinical Psychologist · Medical Board · Accused · Advocate of accused

Time limit

None specified

Derived from CrPC s.328.