Section 48Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Procedure when accused found insane during proceedings
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48. (1) If, in a case referred to in section 47, the court finds that the accused person is of unsound mind and incapable of making the accused person’s defence it shall postpone further proceedings in the case.
If the case is one in which bail may be taken, the court may release the accused person on sufficient surety being given that the accused person will be properly taken care of and prevented from doing injury to themselves or to any other person, and for the accused person’s appearance, if called upon, before the court or any officer of the court appointed in that behalf.
If —
the case under this section is one in which bail may not be taken;
sufficient surety cannot be given; or
the court, for any sufficient reason, considers that bail ought not to be granted, SECTION 49 Criminal Procedure Code (2026 Revision) Page 30 Revised as at 31st December, 2025 c the court may order the accused person to be detained in a hospital, prison, place of safety or other place appointed by any law for the reception or custody of insane persons and may make such further order in the case for the detention, treatment or otherwise of the accused as the circumstances may require.