308. Procedure when accused is suspected to be of unsound mind

When a Judge or District Judge holding a trial or a Magistrate holding or about to hold an inquiry or trial has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the Judge, District Judge or Magistrate, as the case may be, shall in the first instance investigate the fact of such unsoundness.

Such investigation may be held in the absence of the accused person if the court is satisfied that owing to the state of the accused’s mind it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a mental hospital, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of the accused person.

If the Judge, District Judge or Magistrate, as the case may be, is not satisfied that that person is capable of making his defence, the court shall postpone the inquiry or trial and shall remand that person for a period not exceeding one month to be detained for observation in a mental hospital.

The medical superintendent shall keep that person under observation during the period of his remand and before the expiry of that period shall either in person or in writing certify to the court his opinion as to the state of mind of that person, and if he is unable within that period to form any definite conclusion, shall so certify to the court and shall ask for a further remand. Such further remand may extend to a period of two months.

Any court before which a person suspected to be of unsound mind is accused of any offence may, on the application of the Public Prosecutor, made at any stage of the proceedings before the trial, order that that person be sent to a mental hospital for observation. The medical superintendent may, notwithstanding any other provision of law, detain any such accused person for such period, not exceeding one month, as may be necessary to enable him to form an opinion as to the state of mind of that person, and shall forward a copy of his opinion, in writing, to the Public Prosecutor. [307