Bare Act Search Results

Code of Criminal Procedure, 1973 Chapter 25

Title: Provisions as to Accused Persons of Unsound Mind

State: Central

Year: 1973

.....that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 2[(2) If such Magistrate or.....

The Code of Criminal Procedure (Amendment) Act, 2008 Complete Act

State: Central

Year: 2008

.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;"; (ii) for sub-section (2), the following sub-section shall be substituted, namely:" "(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a.....

Code of Criminal Procedure, 1973 Section 328

Title: Procedure in Case of Accused Being Lunatic

State: Central

Year: 1973

.....(1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330,] _____________________________ 1. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. 2 Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text was:- "(3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case."

Code of Criminal Procedure, 1973 Section 329

Title: Procedure in Case of Person of Unsound Mind Tried Before Court

State: Central

Year: 1973

.....and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 2[(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders.....

Code of Criminal Procedure (Amendment) Act 2008 Section 25

Title: Amendment of Section 328

State: Central

Year: 2008

In section 328 of the principal Act,-- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college."; (b) for sub-section (3), the following sub-sections shall be substituted, namely:-- "(3) If such Magistrate is informed that the person referred to in subsection (1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused.....

Code of Criminal Procedure (Amendment) Act 2008 Section 26

Title: Amendment of Section 329

State: Central

Year: 2008

In section 329 of the principal Act,-- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college."; (b) for sub-section (2), the following sub-sections shall be substituted, namely:-- "(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and.....

Mental Health Act, 1987 Complete Act

State: Central

Year: 1987

.....be sent to any particular licensed psychiatric hospital or psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if the medical officer in charge of such hospital or nursing home consents, make a reception order for the admission of the mentally ill person into that hospital or nursing home and detention therein : Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from doing any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to the care of such relative or friend. SECTION 25: ORDER IN CASE OF MENTALLY ILL PERSON CRUELLY TREATED OR NOT UNDER PROPER CARE AND CONTROL (1) Every officer in charge of a police station, who has reason to believe that any person within the limits of his station is mentally ill and Is not under proper care and.....

Rehabilitation Council of India Act, 1992 Chapter I

Title: Prelininary

State: Central

Year: 1992

.....Rights and Full Participation) Act, 1995 (1 of 1996) shall have the meanings respectively assigned to them in that Act] (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the correspond­ing law or the relevant provision of the corresponding law, if any, in force in that area. ________________________ 1. Substituted by The Rehabilitation Council Of India (Amendment) Act, 2000 (38 of 2000) w.e.f. 04.09.2000. Prior to substitution it read as under: "(c) handicapped means a person-- (i) visually handicapped; (ii) hearing handicapped; (iii) suffering from locomotor disability; or (iv) suffering from mental retardation;" 2. Clause (d) and (e) omitted by The Rehabilitation Council Of India (Amendment) Act, 2000 (38 of 2000) w.e.f. 04.09.2000. Prior to omission they read as under: "(d) hearing handicap means deafness with hearing impairment of 70 decibels and above, in the better or total loss of hearing in both ears; (e) locomotor disability means person's inability to execute distinctive activities associated with.....

Rehabilitation Council of India Act, 1992 Section 2

Title: Definitions

State: Central

Year: 1992

.....Rights and Full Participation) Act, 1995 (1 of 1996) shall have the meanings respectively assigned to them in that Act] (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the correspond­ing law or the relevant provision of the corresponding law, if any, in force in that area. ________________________ 1. Substituted by The Rehabilitation Council Of India (Amendment) Act, 2000 (38 of 2000) w.e.f. 04.09.2000. Prior to substitution it read as under: "(c) handicapped means a person-- (i) visually handicapped; (ii) hearing handicapped; (iii) suffering from locomotor disability; or (iv) suffering from mental retardation;" 2. Clause (d) and (e) omitted by The Rehabilitation Council Of India (Amendment) Act, 2000 (38 of 2000) w.e.f. 04.09.2000. Prior to omission they read as under: "(d) hearing handicap means deafness with hearing impairment of 70 decibels and above, in the better or total loss of hearing in both ears; (e) locomotor disability means person's inability to execute distinctive activities associated with.....

Rehabilitation Council of India Act, 1992 Complete Act

State: Central

Year: 1992

.....may deem fit to make,- (i) that his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact; (ii) that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect, or has violated the standards of professional conduct and etiquette or the code of ethics prescribed under sub-section ( 1 ) which, in the opinion of the Council, renders him unfit to be kept in the Register. (4) An order under sub-section (3) may direct that any person whose name is ordered to be removed from the Register shall be ineligible for registration under this Act either permanently or for such period of years as may be specified. SECTION 22: APPEAL AGAINST ORDER OF REMOVAL FROM REGISTER (1) Where the name of any person has been removed from the Register on any ground other than that he is not possessed of the requisite rehabilitation qualifications, he may appeal, in the prescribed manner and subject to such conditions, including conditions as to the payment of a fee, as may be prescribed to the Central Government whose decision thereon shall be final. (2) No appeal under sub-section (1).....