156.
| (1) When a court has reason to believe that the accused is of unsound mind it shall inquire into the fact of such unsoundness and shall son to be examined by a medical officer and shall there-upon, if it is satisfied that the accused is of unsound mind and consequently incapable of making his defence, postpone further proceedings in the case. |
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| (2) If the trial is by jury, the jury shall try the fact of such unsoundness and incapacity, and if satisfied of the fact shall find accordingly and thereupon the trial shall be postponed. |
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| (3) Whenever an accused is found to be of unsound mind and incapable of making his defence the court may-
| | (a) if the case is one in which bail may be taken, release him 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 other person and for his appearance when required before the court or such officer as the court may nominate; | | |
| | (b) if the case is one in which bail may not be taken or if sufficient security is not given, report the case to the Minister who may order the accused to be confined in a mental hospital or other suitable place of safe custody and the court shall give effect to such order; | | |
| | (c) 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. | | |
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| (4) Whenever a trial is postponed the court may at any time resume the inquiry or commence the trial de novo and require the accused to appear or be brought before it. When the accused has been released under subsection (3) (a) and the sureties for his appearance produce him to the officer nominated by court, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. If when the accused appears or is brought before it the court considers him capable of making his defence, the trial shall proceed. If the court considers the accused person to be still incapable of making his defence it shall again act according to the preceding provisions of this section. |
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Sri Lanka Consolidated Acts