PART I—GENERAL PROVISIONS
CHAPTER 5—GENERAL EXEMPTIONS
Section 27—When an Insane Person is Entitled to Special Verdict.
When a person is accused of crime, the special verdict provided by the Criminal Procedure Code in the case of insanity shall only be applicable—
(a) if he was prevented, by reason of idiocy, imbecility, or any mental derangement or disease affecting the mind, from knowing the nature or consequences of the act in respect of which he is accused ; or
(b) if he did the act in respect of which he is accused under the influence of an insane delusion of such a nature as to render him, in the opinion of the jury or of the Court, an unfit subject for punishment of any kind in respect of such act.
PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Lunacy of Accused and Defence of Lunacy
Section 133 Enquiry by Court as to Lunacy of Accused.
(1) When in the course of a trial or preliminary proceedings the Court has reason to believe that the a
unsound mind and consequently incapable of making his defence, it shall enquire into the f
unsoundness by causing him to be medically examined and shall thereafter take medical and any oth evidence regarding the state of the accused's mind.
(2) If the Court is satisfied from evidence on oath that there is a prima facie case against the accus opinion that the accused is of unsound mind and consequently incapable of making his defence it s finding to that effect and postpone further proceedings in the case.
(3) If the case is one in which bail may be taken the Court may then release the accused on suffic being given that he shall be properly taken care of and shall be prevented from doing injury to hims other person, and for his appearance at a stated time, or when required, before the Court or such o Court appoints in that behalf.
(4) If the case is one in which bail may not be taken, or if sufficient security is not given, the Court sh accused to be detained in safe custody in such place and manner as it may think fit and shall trans record or a certified copy thereof to the Minister through the Judicial Secretary.
(5) Upon consideration of the record the Minister may by warrant under his hand directed to the Cou the accused may be confined as a criminal lunatic in a lunatic asylum or other suitable place of cust Court shall give any directions necessary to carry out such order. Any such warrant of the Minis sufficient authority for the detention of the accused until the Minister shall make further order in the m the Court finding him incapable of making his defence shall order him to be brought before it again in provided by sections 134 and 135.
PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Section 137 Defence of Lunacy on Trial on Indictment
(1) Where any act is charged against any person as an offence and it is given in evidence on the person for that offence that he was insane so as not to be responsible according to section 27 Criminal Code for his action, then, if it appears to the Court before which he is tried or, in the case of a if it appears to the jury that he did the act charged but was insane at the time when he did it, the Cou the case may be shall return a special verdict to the effect that the accused was guilty of the act char insane as aforesaid when he did the act.
(2) When the special verdict is found the Court shall forward the Court record or a certified copy th Minister and shall order the accused to be kept in custody as a criminal lunatic, in such place and in s as the Court shall direct till the President's pleasure shall be known, and it shall be lawful for the Minis the President's pleasure by warrant under his hand and for the Minister therein and from time to time or order for the safe custody of the said person during pleasure, in such place of detention, pris suitable place of safe custody and in such manner as the Minister may deem fit.
(3) The Minister may by warrant under his hand, at any time discharge any criminal lunatic from su and any such discharge may be absolute or subject to such conditions as the Minister in any case ma impose.
(4) Where a criminal lunatic is conditionally discharged under this section, reports upon him shall be Minister at such times, and by such persons, and containing such particulars, as may be specified in of discharge.
(5) The Minister may at any time revoke any such conditional discharge if it appears to him tha conditions imposed has been contravened or not complied with, or for any other cause which he
sufficient, and thereupon the Minister may by warrant direct that the criminal lunatic be again kep during pleasure and that he be detained in such place and in such manner as the Minister may deem
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.