If the accused though not of unsound mind, cannot be made to understand the proceedings (either because he is deaf or dumb) the court may proceed with the enquiry or trial; and in the case of a court other than a High Court, if such proceedings, result in a conviction, the proceedings have to be forwarded to the High Court with a report of the circumstances of the case. The High Court may pass thereon such order as it thinks fit. (Section 318)
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It will appear from the above that the Magistrate must proceed to the end of the trial resulting in conviction before he can report the result to the High Court. The Magistrate cannot pass any sentence although he convicts the accused. After conviction—but without passing the sentence—he must submit the proceedings to the High Court for such orders as the High Court might pass.
ADVERTISEMENTS:
In serious cases it is the practice of the High Court to refer the matter to the State Government. In the case of a minor offence the Court itself passes an appropriate sentence or discharges the accused.