When the accused appears to be of sound mind at the time of inquiry or trial,
and the Magistrate is satisfied from the evidence given before him 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 shall
proceed with the case, and, if the accused ought to be tried by the Court of
Session, commit him for trial before the Court of Session.
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