Procedure in case of person of unsound mind tried before Court.

What this section does

During trial before a Magistrate or Court of Session, if it appears the accused is of unsound mind and incapable of making a defence, the court shall first try that fact and, if satisfied, record a finding and postpone further proceedings. The accused is referred to a psychiatrist or clinical psychologist; if found of unsound mind and incapable of defence, the court examines prosecution evidence and either discharges the accused (no prima facie case) or postpones trial for the treatment period. If the accused is found incapable of defence due to intellectual disability and a prima facie case exists, the court shall not hold the trial and shall deal with the accused under section 369.

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

Procedure at a glance

Key actors

Magistrate · Court of Session · Psychiatrist · Clinical Psychologist · Medical Board · Accused · Advocate of accused

Time limit

None specified

Derived from CrPC s.329.