Sec 328 Cr.PC Flashcards
1
Q
Sec 328 Cr.PC
A
Provisions as to accused persons of unsound mind
Magistrate to ascertain on evidence whether accused is a lunatic
If yes then he will be released assurance that he will be cared for
Even non available ones
No assurance or cannot be enlarged on bail, then he will detained in safe custody
But if he appears to be a lunatic when he committed the offence then the trail continues
Incapable of making his defence
Examined by civil surgeon or medical officer
Further send him to psychiatrist or psychologist
Accused may protest
Appeal to medial board
Head of psychiatry
Faculty member
Postpone the proceeding until treatment
