(4) On receipt of a report under subsection (3), the 1[Federal Govern ment] may order the accused
person to be detained in a lunatic asylum or other suitable place of safe custody.
(5) Where an accused person, having been found by reason of unsoundness of mind to be
incapable of making his defence, is in custody or under detention, the prescribed officer may___
(a) if such person is in custody under subsection (3), on the report of a medical officer that he
is capable of making his defence, or
(b) if such person is detained in a jail under subsection (4), on a certificate of the Inspector
General of Prisons and if such person is detained in a lunatic asylum under the said sub
section, 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 Court martial for the offence with which
he was originally charged or, provided that the offence is a civil offence, by a criminal Court.
(6) Where any person is in custody under subsection (3) or under detention under subsection
(4),___
(a) if such person is in custody under subsection (3), on the report of a medical officer, or
(b) if such person is detained under subsection (4), on a certificate from any of the authorities
mentioned in clause (b) of subsection (5), that, in the judgment of such officer or
authority, such person may be released without danger of his doing injury to himself or to
any other person,
1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
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