Section 367.   Procedure in case of accused being person of unsound mind.

(1) When a Magistrate holding an inquiry has reason to believe that the person
against whom the inquiry is being held is of person with mental illness and consequently
incapable of making his defence, the Magistrate shall inquire into the fact of such mental
illness, and shall cause such person to be examined by the civil surgeon of the district or
such other medical person as the State Government may direct, and thereupon shall examine
such surgeon or other medical person as a witness, and shall reduce the examination to
writing.
(2) If the civil surgeon finds the accused to be a person with mental illness, he shall
refer such person to a psychiatrist or clinical psychologist of Government hospital or
Government medical college for care, treatment and prognosis of the condition and the
psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether
the accused is suffering from mental illness:
Provided that if the accused is aggrieved by the information given by the psychiatric
or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal
before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) Pending such examination and inquiry, the Magistrate may deal with such person
in accordance with the provisions of section 369.
(4) If the Magistrate is informed that the person referred to in sub-section (2) has
mental illness, the Magistrate shall further determine whether the mental illness renders the
accused incapable of entering defence and if the accused is found so incapable, the
Magistrate shall record a finding to that effect, and shall examine the record of evidence
produced by the prosecution and after hearing the advocate of the accused but without
questioning the accused, if he finds that no prima facie case is made out against the
accused, he shall, instead of postponing the enquiry, discharge the accused and deal with
him in the manner provided under section 369:
Provided that if the Magistrate finds that a prima facie case is made out against the
accused in respect of whom a finding of mental illness is arrived at, he shall postpone the
proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is
required for the treatment of the accused, and order the accused to be dealt with as provided
under section 369.
(5) If the Magistrate is informed that the person referred to in sub-section (2) is a
person with mental illness, the Magistrate shall further determine whether the mental illness
renders the accused incapable of entering defence, and if the accused is found so incapable,
the Magistrate shall order closure of the inquiry and deal with the accused in the manner
provided under section 369.