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 Sikkim Lotteries (Prohibition on Running of & Sale of Single Digit & Private Lottery Tickets) Act, 1993 Complete Act

State: Sikkim

Year: 1993

.....PRIVATE LOTTERY TICKETS) ACT, 1993 THE SIKKIM LOTTERIES (PROHIBITION ON RUNNING OF & SALE OF SINGLE DIGIT & PRIVATE LOTTERY TICKETS) ACT, 1993 (ACT NO. 10 of 1993) AN ACT to prohibit running of or sale of single digit lottery and private lottery tickets in the State of Sikkim. Whereas it has come to the notice of the State Government that the business of single digit lottery tickets in the State has been having serious social and economic impact detrimental to the society in general; And whereas there has been a serious adverse effect on public order on account of the said lottery business; And whereas in view of the above it is deemed expedient to stop the business of single digit lottery as well as private lotteries in the State. Be it enacted by the Legislative Assembly of Sikkim in the Forty. fourth Year of the Republic of of India as follows : I. (I) This Act may be caned the Sikkim Lotteries (Prohibition on Running of and Sale of Single Digit and Private Lottery Tickets) Act, 1993. (2) It shall be deemed to have come into force on the 1st day of August, 1993. 2. In this Act, unless the context otherwise, requires, (a) "agent" means the main stockiest and.....

The Kerala Industrial Single Window Clearance Boards & Industrial Township Area Development Act, 1999 Complete Act

State: Kerala

Year: 1999

.....an Industrial Township Authority constituted for an industrial township area under section 15 and the Scheme; (j) "Industrial undertaking" means a factory, workshop or work place where steam power, water power, mechanical power or electrical power is used or any premises where any machinery or manufacturing plant driven by any power as aforesaid is installed, or any industrial under taking where ten or more workers are employed with or without the aid of power; (k) "Prescribed" means prescribed by rules made under this Act; (l) "Scheme" means the Scheme framed under this Act; (m) "Small Scale Industrial undertaking" means an industrial undertaking which in accordance with the requirements specified under sub-section (1) of section 11B of Industries (Development and Regulation) Act, 1951 is entitled to be regarded as a Small Scale Industrial undertaking for the purpose of that Act; (n) "State Board" means the "Kerala State Single Window Clearance Board" constituted under sub-section (1) of section 3 of the Act; (o) "State enactment" means a Proclamation or Act of Travancore or Cochin, an Act or Ordinance of Travancore-Cochin, an Act passed by the Legislature of the.....

Indian Contract Act, 1872 Section 12

Title: What is a Sound Mind for the Purposes of Contracting

State: Central

Year: 1872

A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals. A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.

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, 1973 Section 330

Title: Release of Person of Unsound Mind Pending Investigation of Trial

State: Central

Year: 1973

.....with such rules as the State Government may have made under the Mental Health Act, 1987(14 of 1987). (3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered: Provided that-- (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training.] .....

Code of Civil Procedure, 1908 Rule 1 to 16

Title: Suits by or Against Minors and Persons of Unsound Mind

State: Central

Year: 1908

..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....

Indian Evidence Act 1872 Section 14

Title: Facts Showing Existence of State of Mind, or of Body or Bodily Feeling

State: Central

Year: 1872

.....bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. 1 [Explanation 1.-A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.-But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.] Illustrations (a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession, to be stolen. 2 [(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of.....

Bombay Children Act, 1948, (Maharashtra) Section 99

Title: Transfer of Children of Unsound Mind or Suffering from Leprosy

State: Maharashtra

Year: 1948

.....the person having charge of the child which is still liable to be kept in custody, to send him to the Approved Centre or Approved Institution from which he was removed, or if the child is no longer liable to be kept in custody, order him to be discharged : Provided that, where, the removal of a child due to unsoundness of mind or leprosy is immediately necessary, it shall be open to the authorities of the institution in which the child is detained to apply to a juvenile court of the area or to the nearest court empowered to exercise the powers of a juvenile court under section 8 of this Act for an immediate order of committal to a mental hospital or a leper asylum until such time as the order of the State Government can be obtained in the matter.

Code of Criminal Procedure, 1973 Section 333

Title: When Accused Appears to Have Been of Sound Mind

State: Central

Year: 1973

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him 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 shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.