Question

Civil Surgeon shall refer unsound minded person to a clinical Psychologist/Psychiatrist. However by virtue of S.-------the aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College

• A. 328
• B. 328 1A
• C. 329
• D. 346

Hint:

For the procedure regarding accused persons of unsound mind in CrPC, remember the two key stages: - Section 328: At the inquiry stage (before a Magistrate). - Section 329: At the trial stage (before a Court of Session or Magistrate). These sections outline the steps from initial suspicion of unsoundness to medical examination and postponement of proceedings.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Chapter XXV of the Code of Criminal Procedure (CrPC) deals with "Provisions as to Accused Persons of Unsound Mind". It lays down the procedure to be followed when it appears to the court that the accused may be of unsound mind and consequently unable to understand the proceedings or make their defence.
Step 2: Detailed Explanation:
Let's trace the procedure in Chapter XXV:
- Section 328: Lays down the procedure in case of an accused being a lunatic. When a Magistrate holding an inquiry has reason to believe the person is of unsound mind, he shall cause him to be examined by the civil surgeon.
- Section 329: This is the key section for the question. It is titled "Procedure in case of person of unsound mind tried before Court".
- Section 329(1): If at the trial, it appears to the Court that the accused is of unsound mind, the court shall try the fact of such unsoundness.
- Section 329(1A): This sub-section, inserted by the 2005 amendment, specifies that if the court is satisfied that the person is of unsound mind, it shall refer the person for examination to a clinical psychologist or psychiatrist.
- Section 329(2): If the court is of the opinion that the person is of unsound mind, it shall record a finding to that effect and postpone further proceedings.
- The provision for an appeal to a Medical Board against the finding of the psychiatrist/psychologist is also part of the procedure laid down under Section 329. After the specialist's report comes in, if the accused or the prosecution contests the finding, the court can order further inquiry. The right to appeal to a higher medical authority like a Medical Board is an integral part of ensuring a fair determination of the accused's mental state under this section.
Therefore, the entire procedure, including the reference and the subsequent steps (which would include challenging the expert opinion, often leading to a board), is governed by Section 329. The question seems to be a bit convoluted, but Section 329 is the central provision governing the trial procedure for an accused of unsound mind, which includes the process of medical examination and determination of that fact. The original version of this question may have a typo. However, the core procedure it describes falls squarely within Section 329.