[(1A) Pending such examination and inquiry, the Magistrate may deal with the accused in accordance
with the provisions of section 466.]
1
(2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of
making his defence, he 1[shall record a finding to that effect and] shall postpone further proceedings in the
case.
465. Procedure in case of person 2[sent for trial] Court of Session or High Court being
lunatic.__3[(1) If any person before a Court of Session or a High Court appears to the Court at his trial to be
of unsound mind and consequently incapable of making his defence, the Court shall, in the first instance, try
the fact of such unsoundness and incapacity, and if the Court is satisfied of the fact, it shall record a finding
to that effect and shall postpone further proceedings in the case.].
(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be
part of his trial before the Court.
466. Release of lunatic pending investigation or trial.(1) Whenever an accused person is found to be
of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be,
4
[whether the case is one in which bail may be taken or not], may release him on sufficient security being
given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any
other person, and for his appearance when required before the Magistrate or Court or such officer as the
Magistrate or Court appoints in this behalf.
[(2) Custody of lunatic. If the case is one in which, in the opinion of the Magistrate or Court, bail
should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be,
shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and
shall report the action taken to the 6[Provincial Government]:
5
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 6[Provincial Government] may have made under the Lunacy Act,
1912.]
467. Resumption of inquiry or trial.(1) Whenever an inquiry or a trial is postponed under section
464 or section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial,
and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 466, and the sureties for his appearance produce
him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that
the accused is capable of making his defence shall be receivable in evidence.
1 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 120
2 Subs. ibid., s.2. and Sch., for “committed before”.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for subsection (1).
4 Subs. by Act, 18 of 1923, s.122, for “if the case is one in which bail may be taken.”
5 Subs. ibid., for the original subsection (2).
6 Subs. by A.O., 1937, for “L.G”.
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