(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 of section 328 or section 329, as the case may be, and if the accused
is found to be of unsound mind and consequently incapable making his defence,
shall deal with such accused in accordance with the provisions of section 330.
Code of Criminal Procedure (CrPC)
331 CrPC Resumption of inquiry or trial
332 CrPC Procedure on accused appearing before Magistrate or Court
333 CrPC When accused appears to have been of sound mind
334 CrPC Judgment of acquittal on ground of unsoundness of mind
335 CrPC Person acquitted on such ground to be detained in safe custody
336 CrPC Power of State Government to empower officer-in-charge to discharge
337 CrPC Procedure where lunatic prisoner is reported capable of making his defence
338 CrPC Procedure where lunatic detained is declared fit to be released