Section 68, The Criminal Procedure Act, 2024

(1) When in the course of a trial or a committal proceeding,the Court has reason to believe that the defendant is of unsound mind and consequently unable to make his defence, it shall order the defendant to be confined in a mental hospital for a period of 30 days for observation. (2) Before or immediately upon the conclusion of the period of observation under subsection (1), the Chief Medical Officer shall cause a report on the condition of the defendant signed by 2 registered medical practitioners, notwithstanding that the practitioners who signed the reports hold different opinions as to the defendant's mental state, to be sent to the Court, which shall forthwith, after considering the report and taking such further evidence as it considers necessary, make a finding upon the state of mind of the defendant. 34 35 Certain scientific report to be evidence. Inquiry by Form 13 (3) Where the Court finds that the defendant is of unsound mind and consequently incapable of making his defence, it shall - (a) postpone further proceedings on the case; (b) if the case is one in which bail may - (i) be granted, release the defendant on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to him self or to any person or property, and for his appearance before the Court or such officer as the Court may appoint in that behalf; or (ii) not be granted, or if sufficient security is not given, report to the Minister who may order the defendant to be confined in a mental hospital, correctional center or other suitable place of safe custody and issue a warrant in accordance with such order.