(1) If, when the accused appears or is again brought before the Magistrate or
Court, as the case may be, the Magistrate or Court considers him capable of making his
defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his
defence, the Magistrate or Court shall act according to the provisions of section 367 or
section 368, as the case may be, and if the accused is found to be suffering from mental
illness and consequently incapable of making his defence, shall deal with such accused in
accordance with the provisions of section 369.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) If, when the accused appears or is again brought before the Magistrate orCourt, as the case may be, the Magistrate or Court considers him capable of making hisdefence, the inquiry or trial shall proceed.(2) If the Magistrate or Court considers the accused to be still incapable of making hisdefence, the Magistrate or Court shall […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-1960","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n