Section 128: Provisions relating to trial of person of unsound mind

1) If there is any reasonable reason to believe that any accused person, being of unsound mind, is incapable of making his or her defense, the court may also order causing such person to be examined and treated by a licensed doctor.

2) If, upon the examination made pursuant to sub-section (1), it appears that the accused is incapable of making his or her defense because of unsound mind, the court shall adjourn the case in the case of such person, by executing a memorandum of order to that effect.

3) Notwithstanding anything contained elsewhere in this Act, if such accused is held in detention and the court so considers reasonable, it may, at the time when proceeding is conducted pursuant to sub-section (1) or subsequent to the execution of the memorandum of order pursuant to sub-section (2), release such accused from detention.

4) In releasing the accused pursuant to sub-section (3), the court shall cause his or her guardian to make a bond that he or she shall take care of the accused in a manner to prevent the accused from doing any kind of injury or harm to any other person and produce the accused before the court when so ordered by the court.

5) In releasing the accused pursuant to sub-section (4), the court may take bail/bond or guarantee from the guardian in accordance with Chapter 7.

6) Except where the accused, who is held in detention and is of unsound mind, is released from detention pursuant to sub section (3), the court shall order the concerned prison to take special care of such accused placed in detention for trial.

7) If the case of the accused of unsound mind is adjourned pursuant to sub-section (2), the court shall, whenever the accused becomes of sound mind, revive the adjournment, cause the appearances of the accused before the court and proceed with the trial of the case.

Provided that prior to so reviving the adjournment, the court shall cause the accused to be examined again by a licensed medical doctor, and that he or she has become of sound mind shall be certified by such doctor.

8) The court may, if it so wishes, order the medical doctor who has made certification of soundness pursuant to sub-section (1) or (7) to appear before the court as a witness.

9) Notwithstanding anything contained elsewhere in this Section, if there are other defendants also, along with the person of unsound mind, nothing shall be deemed to bar the hearing of the case in the case of such other defendants.