law: Code of Criminal Procedure Act, 1973
  
  328.Procedure in case of accused being lunatic.-
  (1) When a Magistrate holding an inquiry has
  
  reason to believe that the person against whom the inquiry is being held is of
  
  unsound mind and consequently incapable of making his defense, the Magistrate
  
  shall inquire into the fact of such unsoundness of mind, and shall cause such
  
  person to be examined by the civil surgeon of the district or such other
  
  medical officer as the State Government may direct, and thereupon shall examine
  
  such surgeon or other officer as a witness, and shall reduce the examination to
  
  writing.
  (2) Pending such examination and inquiry, the Magistrate may deal with such
  
  person is accordance with the provisions of section 330.
  (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 defense, he
  
  shall record a finding to that effect and shall postpone further proceedings in
  
  the case.