Section 328 of CrPC : Section 328: Procedure in case of accused being lunatic.

Explanation using Example

Example 1:

Scenario: Ramesh, a 35-year-old man, is accused of theft. During the court proceedings, the Magistrate notices Ramesh's erratic behavior and suspects he might be of unsound mind.

Application of Section 328:

1. Magistrate's Inquiry: The Magistrate decides to inquire into Ramesh's mental state and orders an examination by the district's civil surgeon.
2. Medical Examination: The civil surgeon examines Ramesh and finds signs of mental illness. He refers Ramesh to a psychiatrist for further evaluation.
3. Psychiatrist's Report: The psychiatrist confirms that Ramesh is suffering from a severe mental disorder, making him incapable of defending himself in court.
4. Magistrate's Decision: The Magistrate records the psychiatrist's findings and determines that Ramesh cannot enter a defense. The Magistrate then examines the evidence presented by the prosecution.
5. Outcome: If the Magistrate finds no prima facie case against Ramesh, he discharges Ramesh and arranges for his treatment as per Section 330. If a prima facie case is found, the proceedings are postponed for Ramesh's treatment.

Example 2:

Scenario: Sita, a 28-year-old woman, is charged with assault. During the trial, her lawyer informs the Magistrate that Sita has a history of mental retardation.

Application of Section 328:

1. Magistrate's Inquiry: The Magistrate orders an examination by the district's civil surgeon to verify Sita's mental condition.
2. Medical Examination: The civil surgeon confirms that Sita has mental retardation and refers her to a clinical psychologist for a detailed assessment.
3. Psychologist's Report: The clinical psychologist reports that Sita's mental retardation is severe enough to render her incapable of defending herself in court.
4. **Magistrate's D...

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