Section 368 of BNSS : Section 368: Procedure in case of person of unsound mind tried before Court.

Explanation using Example

Example 1:

Scenario: Ramesh, a 35-year-old man, is accused of theft and is brought before the Magistrate for trial. During the trial, Ramesh exhibits erratic behavior and seems unable to understand the proceedings.

Application of Section 368:

1. Initial Assessment: The Magistrate notices Ramesh's behavior and suspects he might be of unsound mind. The Magistrate decides to first determine if Ramesh is indeed of unsound mind and incapable of making his defense.
2. Medical Evaluation: The Magistrate orders a medical evaluation. A psychiatrist examines Ramesh and provides a report confirming that Ramesh is suffering from a mental disorder that makes him incapable of defending himself.
3. Recording Findings: The Magistrate records the finding of Ramesh's unsoundness of mind and incapacity to defend himself. The trial is postponed.
4. Further Referral: Ramesh is referred to a psychiatrist for treatment. The psychiatrist will periodically report on Ramesh's mental condition.
5. Appeal Option: If Ramesh or his family disagrees with the psychiatrist's report, they can appeal to the Medical Board consisting of the head of psychiatry at the nearest government hospital and a faculty member in psychiatry from the nearest government medical college.
6. Determination of Capability: After receiving the psychiatrist's report,...

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