Sri Lanka Consolidated Acts

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Criminal Procedure Code (Amendment) Act (No. 37 of 1969) - Sect 2

Amendment of section 367 of Chapter 20

2. Section 367 of the Criminal Procedure Code, were in after referred to as the " principal enactment", as hereby amended as follows: -
(1) in sub-section (2) of that section, by the substitution, for the words " If the Magistrate's Court ", of the words " If the Magistrate's Court, in the case of an inquiry, "; and
(2) by the insertion of the following sub-section immediately after sub-section (2) of that section: -
" (3) If the Magistrate's Court, in the case of a trial, is of opinion that the accused is of unsound mind and consequently incapable of making his defence, it may-
(a) if the court is of the view that the offence with which the accused is charged is of a trivial nature and that, having regard to the medical evidence, the accused may be discharged without danger of doing injury to himself or to any other person, order the accused to be discharged, or
(b) postpone further proceedings in the case. ".


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