Code of Criminal Procedure, 1898 — Section 464: Procedure in case of accused being lunatic

464. Procedure in case of accused being lunatic.__ (1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Civil Surgeon of the district or such other medical officer as the 1[Provincial Government] directs, and thereupon shall examine such Surgeon or other officer as a witness, and shall reduce the examination to writing. 2 [(1A) Pending such examination and inquiry, the Magistrate may deal with the accused in accordance with the provisions of section 466.]

(2)If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he 2[shall record a finding to that effect and] shall postpone further proceedings in the case. 465. Procedure in case of person 3[sent for trial] Court of Session or High Court being lunatic.__ 4[(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.