Legal Provisions of Section 328 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Procedure in case of accused being lunatic:
Where a question as to the unsoundness of the mind of the accused is raised, the Magistrate is bound to inquire, before he proceeds with the inquiry or trial before him, whether the accused is or is not incapacitated by the unsoundness of mind from making his defence. Such a provision is clearly in consonance with the principles of fair administration of justice.
ADVERTISEMENTS:
This section has nothing to do with the question whether the accused was or was not of unsound mind when he is alleged to have committed the offence. It is only in case where the accused appears to be incapable, by reason of mental infirmity of making him defence in the trial, that the provisions of this section may be invoked.
The Magistrate must have “reason to believe” that the accused is of unsound mind and consequently incapable of making his defence. The provisions of this section are mandatory and must be complied with.
Where the Magistrate has reason to believe about the unsoundness of mind of the accused, he shall cause the accused 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 medical officer as a witness, and reduce the examination to writing to be used in evidence.
Image Source : luna.edu