APPENDIX III 767
Sec. 395. Procedure if punishment cannot be inflicted under section 394.—(1) In any
case in which, under section 394, a sentence of whipping is, wholly or partially, prevented
from being executed, the offender shall be kept in custody till the Court which passed
the sentence can revise it; and the said Court may, at its discretion either remit such
sentence, or sentence the offender in lieu of whipping, or in lieu of so much of the
sentence of whipping as was not executed, to imprisonment for any term not exceeding
twelve months or to a fine not exceeding five hundred rupees, which may be in addition
to any other punishment to which he may have been sentenced for the same offence.
(2) Nothing in this section shall be deemed to authorize the Court to inflict
punishment for a term or a fine of an amount exceeding that to which the accused is
liable by law, or that which the said Court is competent to inflict.
Sec. 399. Confinement of youthful offenders in reformatories.—-(l) When any
person under the age of fifteen years is sentenced by any Criminal Court to imprison-
ment for any offence, the Court may direct that such person, instead of being imprisoned
in a criminal jail shall be confined in any reformatory established by the State Govern-
ment as a fit place for confinement, in which there are means of suitable discipline and of
training in some branch of useful industry, or which is kept by a person willing to obey
such rules as the State Government prescribes with regard to the discipline and training
of persons confined therein.
(2) All persons confined under this section shall be subject to the rules so
(3) This section shall not apply to any place in which the Reformatory Schools
Act, 1897, is for the time being in force.
Sec. 464. Procedure in case of accused being lunatic.—(1) When a Magistrate hold-
ing an inquiry or a 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 io be examined by the Civil
Surgeon of the district or such other medical officer as the State Government directs,
and thereupon shall examine such surgeon or other officer as a witness and shall reduce
the examination to writing:
(1-A) Pending such examination and inquiry, the Magistrate may deaj with the
accused in accordance with the provisions of section 466.
(2) If such Magistrate is of opinion that the accused is of unsound mind and con-
sequently incapable of making his defence, he shall record a finding to that effect and
shall postpone further proceeding in the case.
Sec. 465. Procedure in case of person committed before Court of Session or High
Court being lunatic.—(1) If any person committed for trial 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 jury, or the Court with the aid of assessors, shall,
in the first instance, try the fact of such unsoundness and incapacity, and if the Jury or
Court, as the case may be, is satisfied of the fact, the Judge shall record a finding to that
effect and shall postpone further proceedings in the case and the jury, if any, shall be
(2) The trial of the fact of unsoundness of mind and incapacity of the accused shall
be deemed to be part of his trial before the Court.
Sec. 466. Release of lunatic pending investigation or trial.—(1) 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 pro-
perly taken care of and shall be prevented from doing 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 appoints in this behalf.
(2) 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 or
manner as he or it may think fit, and shall report the action taken to the State
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 State Government may
have made under the Indian Lunacy Act, 1912.
Sec. 467* Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is
postponed under section 464 or section 465, the Magistrate or Court, as the case may be,
may, at any time, resume the inquiry or trial, and require the accused to appear or be
brought before such Magistrate or Court.
(2) When the accused has been released under section 466, and the sureties for his
appearance produce him to the officer whom the Magistrate or Court appoints in this