Lawgist145Subsequent fitness of lunatic accused for trial
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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- 127 Presiding Officer
- 128 Judge Advocate
- 129 Challenge
- 130 Oaths of member, Judge advocate and witness
- 131 Voting by member
- 132 General rule as to evidence
- 133 Judicial notice
- 134 Summoning witnesse
- 135 Documents exempted from production
- 136 Commissions for examination of witnesses
- 137 Examination of a witness on commission
- 138 Conviction of offence not charged
- 139 Presumption as to signatures
- 140 Enrolment paper
- 141 Presumption as to certain documents
- 142 Reference by accused to Government officer
- 143 Evidence of previous convictions and general characte
- 144 Lunacy of accuse
- 145 Subsequent fitness of lunatic accused for trial
- 146 Transmission to Central Government of orders under section 145
- 147 Release of lunatic accused
- 148 Delivery of lunatic accused to relative
- 149 Order for custody and disposal of property pending tria
- 150 Order for disposal of property regarding which offence is committe
- 151 Powers of courts-martial when certain offences are committed by persons not subject to this Act
