Section 71: Inquiry by Court.

(1) When in the course of a trial of preliminary investigation (but not an inquest) the Court has reason to believe that the accused or the defendant is of unsound mind and consequently unable to make his defence, it shall order the accused to be confined in a mental hospital for a period of thirty days for observation. Before or immediately upon the conclusion of this period the Chief Medical Officer shall cause a report on the condition of the accused or the defendant signed by two registered medical practitioners (which reports may, if such be the case, indicate that the practitioners who signed the same hold different opinions as to the accused's mental state) to be sent to the Court, which shall forthwith, after considering the report and taking such further evidence as it shall consider necessary, make a finding upon the state of mind of the accused. (2) If the Court finds that the accused or the defendant is of unsound mind and consequently incapable of making his defence, it shall postpone further proceedings on the case. (3) If the case is one in which bail may not be taken, the Court shall release the accused or the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any person or property, and for his appearance before the Court or such officer as the court may appoint in that behalf. (4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court shall report to the Minister who may order the accused to be confined in a mental hospital, prison or other suitable place of safe custody, and the Court shall issue a warrant in accordance with such order. Defence of lunacy at investigation.