468. Procedure on accused appearing before Magistrate or Court.(1) If, when the accused appears
or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court considers
him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused 1* to be still incapable of making his defence, the
Magistrate or Court shall again act according to the provisions of section 464 or section 465, as the case
may be, 2[and if the accused is found to be of unsound mind and incapable of making his defence, shall deal
with such accused in accordance with the provisions of section 466].
[469. When accused appears to have been insane. When the accused appears to be of sound mind at
the time of enquiry or trial, and the Magistrate or Court is satisfied from the evidence given before him or
it that there is reason to believe that the accused committed an act which, if he had been of sound mind,
would have been an offence, and that he was, at the time when the act was committed, by reason of
unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the
Magistrate or Court shall proceed with the case.]
3
470. Judgment of acquittal on ground of lunacy. Whenever any person is acquitted upon the ground
that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of
mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or
contrary to law, the finding shall state specifically whether he committed the act or not.
471. Person acquitted on such ground to be detained in safe custody.(1) Whenever 4[the finding]
states that the accused person committed the act alleged, the Magistrate or Court before whom or which the
trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order
such person to be 5[detained] in safe Custody in such place and manner as the Magistrate or Court thinks fit,
6
[and shall report the action taken to the 7[Provincial Government]] 8* * *:
6[Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise
than in accordance with such rules as the 7[Provincial Government] may have made under the Lunacy Act,
1912.]
9
* * * * *
1The word “person” rep. by s. 123 of the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923).
2 Ins. ibid.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for section 469.
4 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.124, for “such judgment”.
5 Subs. ibid., for “kept”.
6 Ins.ibid.
7 Subs. by A.O., 1937, for “L.G.”.
8 The words “and shall report the case for the orders of the L.G.” rep. by the Repealing and Amending Act, 1914 (10 of 1914), s.3 and Sch.II.
9 Subsectins (2) and (3) rep. by the Lunacy Act, 1912 (4 of 1912), s.101 and Sch., II.
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