Legal Provisions of Section 318 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Procedure where accused does not understand proceedings:
The provision of this section is not applicable to a person of unsound mind. The section applies to a person who is unable to understand the proceedings due to deafness or dumbness or ignorance of the language. The provisions of this section are mandatory in character.
ADVERTISEMENTS:
If such inquiry or trial results in conviction of the accused who does not understand the proceedings, the trial Court shall forward the proceedings to the High Court with a report of the circumstances of the case, and the High Court shall pass sentence or an order thereon as it deems proper.
The object is that the High Court should be in a position to satisfy itself that the accused is ensured a fair trial. The High Court also has the power under this section to give necessary directions to the trial Court before whom such an accused is being tried, so as to ensure that sufficient provision is made for his defence and that he is given a fair trial.
The High Court of Mysore has expressed a view that in the circumstances stated above, it will be unsafe to allow the accused person to be set free and, therefore, he may be directed to be detained in jail during government’s pleasure.
The term ‘evidence’ for the purpose of this section implies evidence collected during investigations and the documents relied upon by the prosecution for the purpose of proving the guilt of the accused person.
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