Section 328(4) in The Code of Criminal Procedure, 1973

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Union of India - Subsection

Section 328(4) in The Code of Criminal Procedure, 1973

(4)If such Magistrate is informed that the person referred to in sub-Section (1-A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under Section 330.] [ Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 25 (b), for sub-Section (3). Prior to its substitution sub-Section (3) read as under :- [(3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence he shall record a finding to that effect and shall postpone further proceedings in the case].]