(2) Evidence received under this section may be either oral or in the shape of entries in, or
certified extracts from service records; and it shall not be necessary to give notice before trial to the
person tried that evidence as to his previous convictions or character will be received.
123. Lunacy of accused.__(1) Whenever, in the course of a trial by a courtmartial, it appears to
the court that the person charged is by reason or unsoundness of mind incapable of making his
defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of
knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a
finding accordingly.
(2) The president of the court shall forthwith report the case to the confirming officer.
(3) The confirming officer to whom a case is reported under subsection (2) may, if he does not
confirm the finding, take steps to have the accused person tried by the same or another courtmartial
for the offence with which he was charged.
(4) The confirming officer confirming a finding in any case so reported to him under subsection
(2) shall order the accused person to be kept in custody if the prescribed manner and shall report the
case for the orders of the 1[Federal Government].
(5) On receipt of a report under subsection (4) the 1[Federal Government] may order the
accused person to be detained in a lunatic asylum or other suitable place of safe custody.
124. Subsequent fitness of lunatic accused for trial. Where any accused person, having been
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under
detention under section 123, the officer commanding the ship or naval establishment within the area
of whose command the accused is in custody or is detained, or any other officer prescribed in this
behalf, may__
(a) if such person is in custody under subsection (4) of section 123, on the report of medical
officer that he is capable of making his defence, or
(b) if such person is detained in a jail under subsection (5) of section 123, on a certificate of
the Inspector General of Prisons, and if such person is detained in a lunatic asylum under
the said subsection, on a certificate of any two or more of the visitors of such asylum
that he is capable of making his defence, take steps to have such person tried by the
same or another courtmartial for the offence with which he was originally charged, or, if
the offence is civil offence, by a criminal court.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
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