In the case of an accused facing inquiry or trial though not of unsound mind but not capable of…

Where an accused, though not of unsound mind, cannot be made to understand the proceedings, section 318 of the CrPC allows the court to proceed with the inquiry or trial; if a court other than the High Court convicts, it must forward the proceedings to the High Court with a report of the circumstances, and the High Court passes such order as it thinks fit. So the court need not stop the case or obtain prior orders from the High Court, but it cannot simply proceed as in an ordinary case either.

Current law: BNSS section 357 preserves this procedure for new proceedings from 1 July 2024. Under BNSS section 531, appeals, applications, trials, inquiries and investigations already pending immediately before commencement continue under the former CrPC.