Section 93
Defence Of Mentally Abnormal Accused
(1) If it is found that a person is unable to defend him/herself due to mental insanity during trial by the
Court Martial or he/she committed the alleged act under the circumstances during which he/she was unable to understand the nature of the act and that such act was unreasonable and illegal, the Court Martial shall prepare a
memorandum in this regard.
(2) The Chairperson of the Court Martial or investigating officer of the Summary Court Martial shall submit immediately the memorandum prepared pursuant to Sub-section (1) before the approving authority or an
official as referred to in Sub-section (3) of Section 115.
(3) In case the approving authority does not approve the verdict of the memorandum received pursuant to Sub-section (2), necessary action may be taken to try the case in the same or another Court Martial.
(4) If the approving authority approves the details of the memorandum submitted by the Summary Court Martial pursuant to Sub- section (2), the approving authority shall issue an order to hold the accused
in the custody and shall submit it to the Government of Nepal, Ministry of Defence, for approval.
(5) After receiving the report pursuant to Sub-section (4), the Government of Nepal, Ministry of Defence shall issue an order to hold such person in a mental hospital or in custody in any appropriate safe place.
Court Martial or he/she committed the alleged act under the circumstances during which he/she was unable to understand the nature of the act and that such act was unreasonable and illegal, the Court Martial shall prepare a
memorandum in this regard.
(2) The Chairperson of the Court Martial or investigating officer of the Summary Court Martial shall submit immediately the memorandum prepared pursuant to Sub-section (1) before the approving authority or an
official as referred to in Sub-section (3) of Section 115.
(3) In case the approving authority does not approve the verdict of the memorandum received pursuant to Sub-section (2), necessary action may be taken to try the case in the same or another Court Martial.
(4) If the approving authority approves the details of the memorandum submitted by the Summary Court Martial pursuant to Sub- section (2), the approving authority shall issue an order to hold the accused
in the custody and shall submit it to the Government of Nepal, Ministry of Defence, for approval.
(5) After receiving the report pursuant to Sub-section (4), the Government of Nepal, Ministry of Defence shall issue an order to hold such person in a mental hospital or in custody in any appropriate safe place.