Legal provisions regarding procedure in case of accused being lunatic under section 328 of the Code of Criminal Procedure, 1973.
(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.
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ADVERTISEMENTS:
(2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of Section 330.
(3) If such Magistrate is of opinion that the person 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.
The words ‘reason to believe’ mean a belief which a reasonable person would entertain on facts before him. The words ‘reason to believe’ indicate that when an accused person is presented before a Magistrate for inquiry, who, it is alleged, is suffering from unsoundness of mind, the Magistrate has, on such materials as are brought before him to inquire before he proceeds with the inquiry whether there are reasons to believe that the accused before him is suffering from any such infirmity.
When the accused makes an application raising the question as to the unsoundness of mind, the magistrate is bound under Section 328 to inquire before he proceeds with the inquiry before him, whether the accused is or is not incapacitated by the unsoundness of mind from making his defence.