PART IV
PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS AND PROCEEDINGS
Inquiry by court as to state of accused’s mind
144. (1) When in the course of a trial or preliminary investigation the court has reason to believe that the accused is of unsound mind so that he is incapable of making his defence, it shall inquire into the fact of such unsoundness.
(2) If the court is of the opinion that the accused is of unsound mind so that he is incapable of making his defence, it shall postpone further proceedings in the case.
(3) If the case is one in which bail may be taken, the court may release the accused person on sufficient security being given that he will be properly taken care of and prevented from doing injury to himself or to any other person, and for his appearance before the court or such officer as the court may appoint in that behalf.
(4) If the case is one in which bail may not be taken, or if sufficient security is not given, the court shall report the case to the Governor, who, if satisfied by medical certificate, may order the accused to be confined in a mental health wing or other suitable place of custody, and the court shall issue a warrant in accordance with such order.
Defence of unsoundness of mind at preliminary investigation
145. When the accused person appears to be of sound mind at the time of a preliminary investigation, the court, notwithstanding that it is alleged that, at the time when the act was committed in respect of which the accused person is charged, he was by reason of some disease of mind labouring under a defect of reason as to be incapable of knowing the nature and quality of the act or, if he did know it, that he did not know that it was contrary to law, shall proceed with the case and, if the accused person ought, in the opinion of the court, to be committed for trial on information, the court shall so commit him.
Defence of unsoundness of mind on trial
146. (1) Where any act or omission is charged against any person as an offence, and it is given in evidence on the trial of such person for that offence that at the time when the act was done or omission made he was by reason of a disease of mind labouring under such defect of reason as to be incapable of knowing the nature and quality of the act, or, if he did know it that he did not know it was contrary to law, then if it appears to the court before which such person is tried that he did the act or made the omission charged but was incapable as aforesaid at the time when he did or made the same, the court shall make a special finding to the effect that the accused was guilty of the act or omission charged but was insane when he did the act or made the omission.
(2) When such special finding is made the court shall report the case for the order of the Governor and shall meanwhile order the accused to be kept in custody as a criminal lunatic in such place and in such manner as the court shall direct.
(3) The Governor may order such person to be confined in a mental health wing, prison or other suitable place of safe custody.
Incapacity - national proceedings
Insanity - national proceedings
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