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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.....

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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.....

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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.] .....

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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.....

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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.

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Juvenile Justice Act, 1986 [Repealed] Section 48

Title: Transfer of Juveniles of Unsound Mind or Suffering from Leprosy or Addicted to Drugs

State: Central

Year: 1986

(1) Where it appears to the State Government that any Juvenile kept in a special home or juvenile home or institution in pursuance of this Act is suffering from leprosy so is of unsound mind, or is addicted to any narcotic drug or psychotropic substances, the State Government may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or other place of safe custody for being kept there for such period not exceeding the period for which he is required to be kept in custody under the orders of the competent authority or for such further period as may be certified by the medical officer to be necessary for the proper treatment of the juvenile. (2) Where it appears to the State Government that the juvenile is cured of leprosy or of unsoundness of mind of drug addiction it may, if the juvenile is still liable to be kept in custody, order the person having charge of the juvenile to send him to the special home or juvenile home or institution from which he was removed or, if the juvenile is no longer liable to be kept in custody, order him to be discharged.

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Navy Act, 1957 Section 180

Title: Application of Sections 171 to 179 to Persons of Unsound Mind

State: Central

Year: 1957

The provisions of sections 171 to 179 shall, so far as they can be made applicable, also apply in the case of an officer or1[sailor] subject to naval law who is ascertained in the prescribed manner to be of unsound mind notwithstanding anything contained in the Indian Lunacy Act, 1912, or who, while o" active service, is officially reported missing, as if the said officer or1[sailor] had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing : Provided that in the case of an officer or1[sailor] so reported missing, no action shall be taken to dispose of the property under sections 171, 172 and 175 until such time as a certificate under the regulations made under this Act is issued by or under the authority of the Chief of the Naval Staff or other prescribed person that he is confirmed or presumed to be dead. ________________________ 1. Substituted for the word "seamen" by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 2 (16-12-74).

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Army and Air Force (Disposal of Private Property) Act, 1950 Section 14

Title: Application of Sections 3 to 13 to Persons of Unsound Mind or to Persons Reported Missing on Active Service

State: Central

Year: 1950

The provisions of section 3 to 13 shall, so far as they can be made applicable, also apply in the case of a person subject to the Army Act, 1950, or the Air Force Act, 1950, as the case may be, who, notwithstanding anything contained1[ the Mental Health Act, 1987 (14 of 1987) ], is ascertained in the prescribed manner to be of unsound mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing : Provided that in the case of a person so reported missing, no action shall be taken under sub-section (2) to (6) of section 3 of section 4 or section 7 until such time as he is officially presumed to be dead. _______________________ 1. Substituted for "the Indian Lunacy Act, 1912 (IV of 1912)" by The Army And Air Force (Disposal Of Private Property) Amendment Act, 2000 (31 of 2000) w.e.f. 25.08.2000

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Code of Criminal Procedure, 1973 Section 334

Title: Judgment of Acquittal on Ground of Unsoundness of Mind

State: Central

Year: 1973

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

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Juvenile Justice (Care and Protection of Children) Act, 2000 Section 58

Title: Transfer of Juvenile or Child of Unsound Mind or Suffering from Leprosy or Addicted to Drugs

State: Central

Year: 2000

Where it appears to the competent authority that any juvenile or the child kept in a special home or a children's home or shelter home or in an institution in pursuance of this Act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, the competent authority may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or to a place of safety for being kept there for such period not exceeding the period for which he is required to be kept under the order of the competent authority or for such further period as may be certified by the medical officer necessary for the proper treatment of the juvenile or the child.

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