Under section 367(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate holding an inquiry has reason to believe that the accused is of unsound mind. What resulting incapacity triggers…
Question and options
Under section 367(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate holding an inquiry has reason to believe that the accused is of unsound mind. What resulting incapacity triggers the Magistrate’s duty to inquire into the condition?
Inability to undergo punishment
Inability to make a defence
Inability to confer with counsel
Inability to testify in person
Answer and explanation
The Magistrate must inquire into the condition when there is reason to believe that unsoundness of mind makes the accused incapable of making a defence. This is a procedural fitness question at the inquiry stage.
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