144. 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 143, the officer commanding a unit or detachment 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 143, 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 section143, 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 court‑martial for the offence with which
he was originally charged, or, if the offence is a civil offence, by a criminal court.
145. Transmission to 1[Federal Government] of orders under section 144. A copy of every
order made by an officer under section 144 for the trial of the accused shall forthwith be sent to the
1[Federal Government].
146. Release of lunatic accused. Where any person is in custody under subsection (4) of section
143, or under detention under subsection (5) of that section___
(a) if such person is in custody under the said subsection (4), on the report of a medical
officer, or
(b) if such person is detained under the said subsection (5), on a certi ficate from any of the
authorities mentioned in clause (b)
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
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