Sashastra Seema Bal Act, 2007
112. Subsequent fitness of lunatic accused for
trial.
Where any accused person, having been found by reason of
unsoundness of mind to be incapable of making his defence, is in custody or
under detention under section 111, any officer prescribed in this behalf, may.
a. if such
person is in custody under sub-section (4 ) of section 111, on the report
of a medical officer that he is capable of making his defence, or
b. if such
person is detained in a jail under sub-section (5 ) of section 111, on a
certificate of the Inspector-General of Prisons, and if such person is detained
in a lunatic asylum under the said sub-section, on a certificate of any two or
more of the visitors of such asylum and if he is detained in any other place
under that sub-section, on a certificate of the prescribed authority, that he
is capable of making his defence, take steps to have such person tried by the
same or another Force Court for the offence with which he was originally
charged or, if the offence is a civil offence, by a criminal court.