Description

1. When a Magistrate conducting an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and therefore incapable of making a defense, the Magistrate shall inquire into the matter of such unsoundness of mind. The Magistrate shall direct that the person be examined by the civil surgeon of the district or any other medical officer appointed by the State Government. The Magistrate shall then examine the surgeon or medical officer as a witness and record the examination in writing.
2. Pending this examination and inquiry, the Magistrate may handle the case in accordance with the provisions of Section 330.
3. If the Magistrate concludes, after the inquiry and examination, that the person is indeed of unsound mind and incapable of making a defense, the Magistrate shall record a finding to that effect and postpone further proceedings in the case.