CHAP. XXXI. CODE OF CRIMINAL PROCEDURE. 707 Chief Commissioner of Oudh has in his Circular, No. 66 of 1870, laid down the procedure to be followed in carrying out the provisions of this section. vestigation or trial. 427. Whenever an inquiry or a trial is postponed under Resumption of in- section four hundred and twenty-three or section four hundred and twenty-five, the Magistrate or Court of Session, as the case may be, may at any time resume the inquiry or trial, and require the accused person, if detained in custody, to be brought before such Magistrate or Court, or if the accused person has been released on security, may require his appearance. The surety of such person shall be bound at any time to produce him to any officer whom the Magistrate or Court of Session appoints to inspect him, and the certificate of such officer shall have the same effect as the certificate of an Inspector General of Prisons, or the visitors of Lunatic Asylums, granted under section four hundred and thirty two. The terms " an inquiry or trial" have been substituted by the present enactment for "investigation." May at any time resume, etc.-Where a Magistrate remanded a prisoner on account of his inability to make his defence from unsoundness of mind, his successor should take up the case under this section on the convalescence of the accused. 6, W. R., 3. The Certificate of such officer.-The certificate mentioned in the above section, also report of officer may be received as evidence. Procedure on ac Magistrate or Court of 428. If, when the accused person appears or is again brought before the Magistrate or the cused appearing before Court of Session, as the case may be, it appears to such Magistrate or Court that the accused person is in a fit state of mind to make his defence, the inquiry shall proceed, or the accused person shall be put on his trial, as the case may require. Secs. 428-430. If it appears that the accused person is still of unsound mind, and incapable of making his defence, the Magistrate or Court of Session shall again act according to the provisions of Section 423 or Section 425. The term inquiry has been substituted by the present Act for the term investigation. being lunatic. 429. Whenever any person is acquitted upon the ground Finding in case of that, at the time at which he is charged acquittal on ground of with having committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act charged, or that he was doing what was wrong or contrary to law, the finding shall state specially whether such person committed the act or not. The finding shall state, etc.—The terms of the law must be strictly followed in recording in the finding in cases falling under this section, the prisoner cannot be found guilty of the offence charged and their acquittal on the ground of insanity for this would include two opposite verdicts in one and the same finding. When a Magistrate enquiring into a case triable only by a Court of Sessions finds that the accused, though capable of making a defence. on his examination, was insane at the time of the commission of the act, which otherwise would have been an offence, he must commit the prisoner for trial, and draw up a charge in the usual way.-Reg. vs. Ramrutton Doss. 430. tody. Whenever such finding states that the accused Person so acquitted person committed the act charged, the to be kept in safe cus- Magistrate or Court of Session before whom the trial was held shall, if the act charged would, but for the incapacity founded, have amounted to an offence, order such person to be kept in safe custody, in such place and manner as to the Magistrate or Court of Session seems fit, and shall report the case for the order of the Local Government. The Local Government may order such person to be IX. CHAP. XXXI . 430-433 kept in safe custody in a Lunatic Asylum or other suitable place of safe custody. Vide. Ch. Com. of Oudh, Circular No. 66 of 1870 for the procedure to be followed in carrying out the provisions of this section. General. 431. When any person is confined under the provisions of section four hundred and twenty-six or Lunatic prisoners to be visited by Inspector section four hundred and thirty, the Inspector General of Prisons, if such person is confined in a jail, or the visitors of the Lunatic Asylums, or any two of them, if he is confined in a Lunatic Asylum, may visit him in order to ascertain his state of mind, and he shall be visited once at least in every six months by such Inspector General, or by two of such visitors as aforesaid, and such Inspector General or visitors shall make a special report to the Local Government as to the state of mind of such person. In this and also in Section 434 post "the Inspector General of Prisons" has been substituted for "officer in charge of a jail" and the time of visitation to be every six months instead of as before, every three months. 432. If such person is confined under section four hundred and twenty-six, and such Inspector Procedure where lunatic prisoner is General or visitors as aforesaid shall certify reported capable of making his defence. that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court of Session, as the case may be, at such time as such Magistrate or Court of Session appoints; and such Magistrate or Court shall deal with such person under the provisions of section fourhundred and twenty-eight, and the certificate of such Inspector General or visitors as aforesaid shall be receivable as evidence. 433. If such person is confined under the provisions of 710 CODE OF CRIMINAL PROCEDURE. section 430 is de discharged. CHAP. XXXI. Section 430, and such Inspector-General Procedure where lu- or visitors as aforesaid shall certify that in natic confined under his or their judgment, he may be disclared capable of being charged without danger of his doing injury to himself or to any other person, the Local Government may thereupon either order him to be discharged or to be detained in custody or to be transferred to a public Lunatic Asylum, if he has not been already sent to such asylum, and may appoint a commission, consisting of a Judicial Officer not below the grade of a Sessions Judge, and two Medical Officers, whereof the chief Medical Officer attached to the Lunatic Asylum shall be one. The said commission shall make formal inquiry into the the state of mind of such person, taking such evidence as is necessary; and shall report to the Local Government who may order his discharge or detention as to it may seem fit. The words italicised have been added or substituted by the present Act. Formerly the appointment of a commission was compulsory, and the Commission so appointed had the power of ordering the discharge herein alluded to. 434. Delivery of lunatic to care of relative. Whenever any relative or friend of any person detained under the provisions of section. four hundred and thirty is desirous that he shall be delivered over to his care and custody, the Local Government, upon the application of such relative or friend and on his giving security to the satisfaction of such Government that the person detained shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, may make an order that such person may be delivered to such relative or friend. Whenever such person is so delivered over, it shall be upon condition that he shall be subject to the inspection of CHAPS. XXXI-XXXII. Secs. 434-435. CODE OF CRIMINAL PROCEDURE. 711 such officer as the Local Government appoints, and at such times as such Government directs. The provisions of sections four hundred and thirty-one, and four hundred and thirty-three shall apply to persons detained under the provisions of this section, and the certificate of the inspecting officer appointed under this section shall be dealt with as a certificate of the Inspector General of Prisons, or the visitors of Lunatic Asylums under thesaid sections. The Governor General under Act XXXII of 1867, delegated to the Chief Commissioners of Oudh, the Central Provinces. and Burmah, the powers conferred on a Local Government under this and the three preceding sections. See Gazette of India 1867, p. 1223, and id 1868, p. 44. CHAPTER XXXII. CONTEMPTS OF COURT. This chapter contains the provisions of Chapter X, Act XXV of 1861. Regulation III of 1803, Sections 22 to 26 are for punishment of contempt of Court. These sections confer larger powers for the offence than the Penal Code, and therefore were not included in Act XVII of 1862, the Repealing Act. 435. When any such offence as is described in sections. Procedure in certain one hundred and seventy-five, one hundred cases of contempt. and seventy-eight, one hundred and seventy-nine, one hundred and eighty, or two hundred and twenty-eight of the Indian Penal Code is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender, whether he be a European British subject or not, to be detained in custody, and, at any time before the rising of the Court on the same day, may take cognizance of the offence; and adjudge the offender to punishment by fine not exceeding two hundred rupees, and in default of payment, by |