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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?

  1. Inability to undergo punishment

  2. Inability to make a defence

  3. Inability to confer with counsel

  4. Inability to testify in person

Answer and explanation

Correct answer: B - Inability to make a defence

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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