SPECIAL PROVISIONS RELATING TO CASES IN WHICH EUROPEAN AND PAKISTAN AND BRITISH SUBJECTS ARE CONCERNED

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SPECIAL PROCEEDINGS.

PROCEDURE IN CASE OF ACCUSED BING LUNATIC.

When a Magistrate holding an inquiry or 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 civil surgeon of the district or such other medical officer as the Provincial Government directs, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing.

Pending such examination and inquiry, the Magistrate may deal with the accused in accordance with the provisions of section 466. 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 proceeding in the case.

PROCEDURE IN CASE OF PERSON [SENT FOR TRIAL]BEFORE COURT OF SESSION OR HIGH BEING LUNATIC.

If any person before a court of session or a high court appears to the court at his trial to be of unsound mind and consequently incapable of making his defence, the court shall in the first instance, try the fact of such unsoundness and incapacity, and if the curt is satisfied of the fact, it shall record a finding to that effect and shall postpone further proceedings in the case. The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the court.

RELEASE OF LUNATIC PENDING INVESTIGATION OR TRIAL.

Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court as the case may be whether the case is one in which bail may be taken or not may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from dong injury to himself or to any other person, and for his appearance when required before the Magistrate or court or such officer as the Magistrate or court or such officer as the magistrate or court appoints in this behalf.

If the case is one in which in the opinion of the Magistrate or Court bail should not be taken, or if sufficient security is not given, the Magistrate or Court as the case may be shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the Provincial Government. Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act 1912.

when an accused appears to be of sound mind at the time of inquiry or trial and the Magistrate or Court is satisfied from the evidence given before him or it that there is reason to believe that 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 act was committed by reason of unsoundness of mind, incapable of knowing the nature of the fact or that it was wrong or contrary to law, the Magistrate or court shall proceed with the case.

Whenever any persons is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

PROCEDURE WHERE LUNATIC PRISONER IS REPORTED CAPABLE OF MAKING HIS DEFENCE.

If such person is detained under the provisions of section 466, and in the case of a person detained in a jail, the inspector General of Prisons, or in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that in his or their opinion such person is capable of making his defence, he shall be taken before the Magistrate or Court as the case may be at such time as the Magistrate or Court appoints and the Magistrate or Court shall deal with such person under the provisions of section 468, and the certificate of such inspector general or visitors as aforesaid shall be receivable as evidence.

If such person is detained under the provisions of section 466 or section 471 and such inspector general or visitors shall certify that in his or their judgment, he may be released without danger or his doing jury to himself or to any other person the provincial government may there upon order him to be released or to be detained in custody or to be transferred to a public lunatic asylum, if he has not been already sent to such an asylum and in case it orders him to transferred to an asylum may appoint a commission consisting of a judicial and two medical officers. Such commission shall make formal inquiry into the state of mind of such person taking such evidence as is necessary and shall report to the provincial government which may order his release or detention as it thinks fit.

Whenever any relative or friend of any person detained under the provisions of section 466 or 471 desires that he shall be delivered to his care and custody, the Provincial Government may upon the application of such relative or friend and on his giving security to the satisfaction of such Provincial Government that the person delivered shall—

  • be properly taken care of and prevented from doing injury to himself or to any other person, and

  • be produced for the inspection of such officer, and at such times and places, as the Provincial Government may direct, and

  • in the case of a person detained under section 466, be produced then required before such Magistrate Or Court, order such person to be delivered to such relative or friend.

If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence and the inspecting officer referred to in sub-section 1 clause (b) certifies at any time to the and magistrate or court that such person is capable of making his defence, such Magistrate or court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court and upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468, and the certificate of the inspecting officer shall be receivable as evidence.

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