Bare ActsThe Code of Criminal Procedure,1973

Section 328

Procedure in case of accused being lunatic

Amendment status not verified — confirm the current text below against the official source.

Procedure in case of accused being lunatic.—(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing.

Section 328 – The Code of Criminal Procedure,1973 | DailyLaw.ai