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A Magistrate shall inquire into the unsoundness of mind of the person against whom the inquiry is being…

Section 328 addresses an inquiry accused who appears of unsound mind and consequently incapable of making a defence. The Magistrate must investigate that functional…

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A Magistrate shall inquire into the unsoundness of mind of the person against whom the inquiry is being held when the Magistrate has reason to believe that such person is of unsound mind and consequently incapable:

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Section 328 addresses an inquiry accused who appears of unsound mind and consequently incapable of making a defence. The Magistrate must investigate that functional incapacity through the prescribed medical procedure; diagnosis alone is not automatically incapacity, and punishment or merely testifying is not the stated test.

Current law: BNSS section 367 retains the inquiry-stage unsoundness/incapacity-to-defend safeguards; section 531 saves specified pending CrPC proceedings.

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