law: Code of Criminal Procedure Act, 1973
  
  332.Procedure on accused appearing before Magistrate or Court.-
  (1) If, when the accused appears or is again
  
  brought before the Magistrate or Court, as the case may be, the Magistrate or
  
  Court considers him capable of making his defense, the inquiry or trial shall
  
  proceed.
  (2) If the Magistrate or Court considers the accused to be still incapable of
  
  making his defense, the Magistrate or Court shall act according to the
  
  provisions of section 328 or section 329, as the case may be, and if the
  
  accused is found to be of unsound mind and consequently incapable of making his
  
  defense, shall deal with such accused in accordance with the provisions of
  
  section 330.