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CHAPTER 17
LUNATICS
PART B -- CRIMINAL LUNATICS-ENQUIRY
*
[1. Magistrate bound to make enquiry about unsoundness of mind of the
accused.- When a Magistrate, holding an inquiry or a trial, has reason to believe that
the accused is of unsound mind, and consequently incapable of making his defence the
Magistrate shall inquire into the fact of such unsoundness and shall cause such person to
be examined by the Civil Surgeon of the district or such other medical officer as the
Provincial Government directs, and thereupon shall examine such Surgeon or Officer as a
witness, and shall reduce the examination to writing (section 464 of the Code of Criminal
Procedure, 1898).]
2. ***[Omitted].
3. Stay of proceedings if unsoundness of mind proved.-- If unsoundness of mind
is established to the satisfaction of the Magistrate, a finding to that effect should be
recorded, and further proceedings should be stayed.
*
[4. Trial of the fact of insanity in Sessions trials.- The procedure
in a Court of Session is slightly different. There, the fact of unsoundness and incapacity
is to be tried in the first instance by the Court and there is no specific provision for
an examination by a Medical Officer. Trial of the fact, however, forms part of the trial
before the Court; and the Court would ordinarily take the necessary evidence before
proceeding to a finding.]
5. Accused may be released on security.-- ***[...] After the accused
has been found to be of unsound mind, and incapable of making his defence, the Magistrate
or Court may release the accused on sufficient security being given that he shall be-
(1) properly taken care of;
(2) prevented from doing injury to himself or any other person; and
(3) produced before the Magistrate or Court or such other officer as the Magistrate or
Court appoints, when required.
Such an order may be passed whether the case is bailable or not (section 466 of the
Code).
6. In releasing accused due regard should be paid to public safety.-- An order
for release, however, should not be passed without due regard to the public interest. If
the crime of which such a person is accused be an offence against the person, or if there
is reason to believe that he has at any time been aggressive, a detailed medical history
sheet should in all cases be obtained, and this should be consulted before orders are
passed regarding bail. In the event of *[such a person] having at any
time exhibited tendency to violence, it is the duty of the Magistrate or *[Court
to be satisfied] that a sufficient length of time has elapsed since such manifestation to
render a recurrence improbable, and that the sureties are in position to control the
actions of the lunatic should they recur.
7. Action to be taken when accused cannot be released on bail.-- If the case is
one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if
sufficient security is not given, the Magistrate or Court must order the accused to be
detained in safe custody in such place and manner as he or it may think fit [section
466(2)]. The action taken must then be reported to the Provincial Government.
8. Accused may be sent to Medical Hospital in such cases.-- This provision
enables ***[...] Court to send an accused person direct to a Mental
Hospital, instead of awaiting the orders of the Provincial Government, as was formerly
necessary. But if an order is made for the detention of the accused in a Mental Hospital,
this order must be in accordance with any rules which the Provincial Government may have
made under the Lunacy Act, 1912.
*
[9. Proceedings under sections 464-466 can be taken only when a prima
facie case is made out by prosecution evidence.- Before action is taken under section
466 of the Code the case of the prosecution should be gone into in order to discover
whether any prima facie case is made out against the accused person].
10. Resumption of proceedings under section 467.-- When an enquiry **[or
trial] has been postponed under sections 464 or 465, the Magistrate or Court may at any
time call for the accused ***[...] and resume proceedings under section
467. Such action will ordinarily be taken after a reasonable period in all cases when the
accused has been released on security.
11. Patients certified by Mental Hospital to be fit to make their defence.-- If,
however, the accused has been detained in a Mental Hospital, the accused will usually be
returned by the authorities under section 473, as soon as he is certified to be capable of
making his defence. The practice in the Punjab Mental Hospital is for patients to be
brought before the visitors' committee at the half-yearly inspection, and if the Medical
Superintendent considers that any person is capable of making his defence and of
understanding the proceedings against him, he recommends that he should be put up for
trial. If this recommendation is accepted by the committee., the patient is then sent back
for trial.
12. Orders of Magistrate for detention may be varied by Government.-- It should
be noted that the orders of a Magistrate or Court for the detention of a Criminal lunatic
may be varied by the Provincial Government--
*
[(i) on a report by the Commission under section 474; or]
(ii) on an application by a friend or relative under section 475.]
13. Procedure when the accused is of sound mind at the time of trial but was not so
at the time of committing the offence.-- A second class of cases arises when an
accused person appears to be of sound mind at the time of ***[...]
trial, but there is reason to believe that he was of unsound mind at the time of
committing the offence with which he is charged. In such cases the Magistrate must proceed
to determine the facts with reference to section 84 of the Pakistan Penal Code.
*
[14. Ditto.-- If the Magistrate or Court finds reason to believe
that the accused committed an act, while he was of unsound mind, which, but for such
unsoundness, would be an offence, the Magistrate should proceed with the case.
15. If accused is acquitted on the plea of insanity he be released.- If the plea
is accepted, and the accused is acquitted on the ground that although he committed an act
which would have constituted an offence if he had been of sound mind, he was insane at the
time of committing it, the Court cannot order his release, but must order him to be
detained in safe custody in such place and manner as the Magistrate or Court thinks fit
and shall report the action taken to the Provincial Government (section 471 of the Code).
Final orders for the release or detention of a person detained under sections 466 or
471 of the Code will be made by the Provincial Government in the manner prescribed in
section 474 of the Code.]
16. Superintendent Jail to keep the prisoner under observation and to report the
result thereof.-- In all cases in which insanity is pleaded or set up as a defence,
the Superintendent of the Jail in which the convict is confined should be directed to keep
the prisoner under observation and to report the result thereof to the High Court before
the date fixed for hearing in that Court.
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