Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule124. Unsoundness of mind while under arrest or in custody |
| (1) | If any person while under the arrest or in custody under this Code in the Republic on a charge of an offence is committed by a magistrate to an institution under the provisions of the Mental Disorders Act, 1916 (Act No. 38 of 1916), the charge may in the discretion of the Adjutant General be withdrawn or be proceeded with when such person is fit to stand his trial. |
(2)
| (a) | If any person under arrest or in custody beyond the borders of the Republic on a charge under this Code is, in the opinion of two registered medical practitioners appointed by the senior military medical authority in the area concerned, mentally disordered or defective as defined in the Mental Disorders Act, 1916 (Act No. 38 of 1916), as he shall be committed by his commanding officer to such hospital, prison, detention barracks or other place as the circumstances may permit and shall be detained therein in safe custody until his removal to the Republic can reasonably be effected or until he is fit to stand his trial, whichever is the earlier. |
| (b) | With the concurrence of the Adjutant-General or his authorized representative, the charge against such person may be withdrawn by the commanding officer on such committal or it may be proceeded with when such person is fit to stand his trial. |