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Full text of "Medical Jurisprudence And Toxicology"

768                                              MEDICAL JURISPRUDENCE

behalf, the certificate of such officer that the accused is capable of making his defence
shall be receivable in evidence. .

Sec. 468. Procedure on accused appearing before Magistrate or Court.— (1) If, when
the accused appears or is again brought before the Magistrate or the Court, as the case
may be, the Magistrate or Court considers him capable of making his defence, the
inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making
his defence the Magistrate or Court shall again act according to the provisions of section
464 or section 465, as the case may be, and if the accused is found to be of unsound
mind and incapable of making his defence, shall deal with such accused in accordance
with the provisions of section 466.

Sec. 469. When accused appears to have been insane.— When the accused appears
to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from
the evidence given before him that there is reason to believe that the accused com-
mitted an act which, if he had been of sound mind, would have been an offence, and that
he was, at the time when the act was committed, by reason of unsoundness of mind,
incapable of knowing the nature of the act, or that it was wrong or contrary to law,
the Magistrate shall proceed with the case, and, if the accused ought to be committed
to the Court of Session or High Court, send him for trial before the Court of Session
or High Court, as the case may be.

Sec. 470. Judgment of acquittal on ground of lunacy.— Whenever any person is
acquitted upon the ground that, at the time at which he is alleged to have committed
an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature
of the act alleged as constituting the offence, or that it was wrong or contrary to law,
the finding shall state specifically whether he committed the act or not.

Sec. 471. Person acquitted on such ground to be detained in safe custody. — (1)
Whenever the finding states that the accused person committed the act alleged, the
Magistrate or Court before whom or which the trial has been held, shall, if such act
would, but for the incapacity found, have constituted an offence, order such person to
be detained in safe custody in such place and manner as the Magistrate or Court think
fit, and shall report the action taken to the State Government :

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.

(2) The State Government may empower the officer-in- charge of the jail in which
a person is confined under the provisions of section 466 or this section, to discharge all
or any of the functions of the Inspector-General of Prisons tinder section 473 or
section 474.

Sec. 473. Procedure where lunatic prisoner is reported capable of making his
defence. — If such person is detained under the provisions of section 466 and in the case
of a person detained in a jail, the Inspector- General of Prisons, or, in the case of a
person detained in a lunatic asylum, the visitors of such asylum or any two of them
shall certify that, in his or their opinion, such person is capable of making his defence,
he shall be taken before the Magistrate or Court as the case may be, at such time as
the Magistrate or Court appoints, and the Magistrate or Court shall deal with such
person under the provisions of section 468 ; and the certificate of such Inspector- General
or visitors as aforesaid shall be receivable as evidence.

Sec. 474. Procedure where lunatic detained under section 466 or 471 is declared
fit to be released. — (1) If such person is detained under the provisions of section 466 or
section 471, and such Inspector-General or visitors shall certify that, in his or their'
judgment, he may be released without danger of his doing injury to himself or to any
other person, the State Government may thereupon order him to be released or to be
detained in custody, or to be transferred to a public lunatic asylum, if he has not been
already sent to such an asylum ; and in case it orders him to be transferred to an
asylum, may appoint a Commission consisting of a judicial and two medical officers.

(2) Such Commission shall make formal inquiry into the state of mind of such
person taking such evidence as is necessary, and shall report to the State Government,
which may order his release or detention as it thinks fit,

Sec. 475. Delivery of lunatic to care of relative or friended) Whenever any
*n*£-~ ^Tl ?Ti Pe^*detained under the provisions of section 466 or section
™v^S^flT her^SU Hdelirre<? to his care and ^stody, the State Government
may, upon the application of such relative or friend and on his giving security to the
satisfaction of such State Government that the person delivered shall—

Care °f and prevented from doin£ iniury to himself or to any

officer' •* at such