Code of Criminal Procedure, 1898

Code of Criminal Procedure, 1898 — Section 468: Procedure on accused appearing before Magistrate or Court

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]. 3 [469. When accused appears to have been insane. When the accused appears to be of sound mind at the time of inquiry 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.]

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.