Section 310

Whenever an accused person is found to be of unsound mind and incapable of making his defence, the court, if the offence charged is bailable, may, in its discretion, release him on sufficient security being given that he will be properly taken care of and will be prevented from doing injury to himself or to any other person, and for his appearance when required before the court or such officer as the court appoints in that behalf.

If the offence charged is not bailable or if sufficient security is not given, the court shall report the case to the Minister who may, in his discretion, order the accused to be confined in a mental hospital or other suitable place of safe custody and the court shall give effect to the order.

Pending the order of the Minister the accused may be remanded for detention in a prison, mental hospital or other suitable place of safe custody. [309