CCP 464Chapter VIII · Special Proceedings

Section 464 · Procedure in case of accused being lunatic

(1)

When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Chief Medical Officer of the Province or such other medical officer as [the Government] [In section 4(1)(a), (1) and (p). 7(2), 8, 9, 10, 11, 12, 415(3), 108, 132, 157, 158, 161, 173, 178, 188, 193(2), 196, 196-A, 197, 218, 261, 263, 265, 319, 320(1), 321, 335, 357, 358, 382, 386, 392, 399, 422, 464, 466, 471, 474, 483, 492, 495, 528, 541 and 554 the words 'The Government' substituted for the words 'His Highness' by Act X of 1996.] direct, and thereupon shall examine such Chief Medical Officer or other officer as a witness and shall reduce the examination to writing.(1-a) Pending such examination and inquiry, the Magistrate may deal with the accused in accordance with the provisions of section 466.

(2)

If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.

Your private note on this section

Only you can see this note.