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Where any accused person, having been
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under
detention under section 144, the officer commanding a unit or detachment within the area of whose
command the accused is in custody or is detained, or any other officer prescribed in this behalf, may. --
(a) If such person is in custody under sub-section (4) of section 144, on the report of a medical
officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 144, on a certificate of the
Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said subsection
on a certificate of any two or more of the visitors of such asylum that he is capable of making
his defence,
take steps to have such person tried by the same or another court-martial for the offence with which he
was originally charged, or, if the offence is a civil offence, by a criminal court.
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