(1) If
there is any reasonable reason to believe that any accused person,
being of unsound mind, is incapable of making his or her defense,
the court may also order causing such person to be examined and
treated by a licensed doctor.
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(2) If, upon the examination made pursuant to sub-section
(1), it appears that the accused is incapable of making his or her
defense because of unsound mind, the court shall adjourn the case in
the case of such person, by executing a memorandum of order to that
effect.
(3) Notwithstanding anything contained elsewhere in this
Act, if such accused is held in detention and the court so considers
reasonable, it may, at the time when proceeding is conducted
pursuant to sub-section (1) or subsequent to the execution of the
memorandum of order pursuant to sub-section (2), release such
accused from detention.
(4) In releasing the accused pursuant to sub-section (3), the
court shall cause his or her guardian to make a bond that he or she
shall take care of the accused in a manner to prevent the accused
from doing any kind of injury or harm to any other person and
produce the accused before the court when so ordered by the court.
(5) In releasing the accused pursuant to sub-section (4), the
court may take bail/bond or guarantee from the guardian in
accordance with Chapter -7.
(6) Except where the accused, who is held in detention and
is of unsound mind, is released from detention pursuant to subsection
(3), the court shall order the concerned prison to take special
care of such accused placed in detention for trial.
(7) If the case of the accused of unsound mind is adjourned
pursuant to sub-section (2), the court shall, whenever the accused
becomes of sound mind, revive the adjournment, cause the
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appearance of the accused before the court and proceed with the trial
of the case.
Provided that prior to so reviving the adjournment, the court
shall cause the accused to be examined again by a licensed medical
doctor, and that he or she has become of sound mind shall be
certified by such doctor.
(8) The court may, if it so wishes, order the medical doctor
who has made certification of soundness pursuant to sub-section (1)
or (7) to appear before the court as a witness.
(9) Notwithstanding anything contained elsewhere in this
Section, if there are other defendants also, along with the person of
unsound mind, nothing shall be deemed to bar the hearing of the case
in the case of such other defendants.