Section 163 of Criminal Procedure Code CAP 75: Procedure where person of unsound mind subsequently found capable of making defence
(1) If a person detained in a mental hospital or other place of custody undersection 162 or section 280 is found by the medical officer in charge of the mental hospital or place to be capable of making his defence, the medical officer shall forthwith forward a certificate to that effect to the Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall thereupon inform the court which recorded the finding concerning that person under section 162 whether it is the intention of the Republic that proceedings against that person shall continue or otherwise.
(3) In the former case, the court shall thereupon order the removal of the person from the place where he is detained and shall cause him to be brought in custody before it, and shall deal with him in the manner provided by section 164; otherwise the court shall forthwith issue an order that the person be discharged in respect of the proceedings brought against him and released from custody and thereupon he shall be released, but the discharge and release shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 164 - Resumption of proceedings or trial
Wherever a trial is postponed under section 162 or section 280, the court may at any time, subject to the provisions of section 163, resume trial and require the accused to appear or be brought before...
- Section 166 - Defence of lunacy adduced at trial
(1) Where an act or omission is charged against a person as an offence, and itis given in evidence on the trial of that person for that offence that he was insane so as not to be responsible for his...
- Section 167 - Procedure when accused does not understand proceedings
(1) If the accused, though not insane, cannot be made to understand the proceedings—
(a) in cases tried by a subordinate court, the court shall proceed to hear the evidence, and, if at the close of...
- Section 168 - Mode of delivering judgment
(1) The judgment in every trial in a criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of the judgment shall be explained, in open court either...
- Section 169 - Contents of judgment
(1) Every such judgment shall, except as otherwise expressly provided by thisCode, be written by or under the direction of the presiding officer of the court in the language of the court, and shall...
- Section 170 - Copy of judgment, etc., to be given to accused on application
On the application of the accused person, a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay.
- Section 171 - Power to order costs against accused or private prosecutor
(1) A judge of the High Court or a magistrate of a subordinate court of the first or second class may order a person convicted before him of an offence to pay to the public or private prosecutor, as...
- Section 174 - Costs and compensation to be specified in order, how recoverable
(1) Sums allowed for costs awarded under section 171 shall in all cases bespecified in the conviction or order.
(2) If the person who has been ordered to pay costs fails so to pay, he shall,in...
- Section 175 - Orders for compensation and expenses
(1) A court which—
(a) on convicting a person of an offence, imposes a fine, or a sentence of which a fine forms part; or
(b) on appeal, revision or otherwise, confirms such a sentence, may, when...
- Section 176 - Promotion of reconciliation
In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private...
- Section 177 - Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—
(a) that the property or a part thereof be restored...
- Section 178 - Property stolen
(1) If a person guilty of an offence mentioned in Chapters XXVI to XXXI, both inclusive, of the Penal Code (Cap. 63), in stealing, taking, obtaining, extorting, converting or disposing of, or in...
- Section 179 - When offence proved is included in offence charged
(1) When a person is charged with an offence consisting of several particulars,a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining...
- Section 180 - Persons charged with any offence may be convicted of attempt
When a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.
- Section 181 - Charges of certain offences respecting infant and unborn children, andabortion, etc.
(1) When a woman is charged with the murder of her child, being a child under the age of twelve months, and the court is of the opinion that she by a wilful act or omission caused its death but at the...
- Section 182 - Charge of manslaughter in connexion with driving of motor vehicle
When a person is charged with manslaughter in connexion with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an...
- Section 183 - Charge of administering oaths
Where a person is charged with an offence under paragraph (a) of section 61 of the Penal Code (Cap. 63), and the court is of the opinion that he is not guilty of that offence but is guilty of another...
- Section 184 - Charge of rape
Where a person is charged with rape and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he...
- Section 185 - Repealed by Act No. 3 of 2006, Second Sch.
(b) With offences under the Sexual Offences Act;
- Section 186 - Charge of defilement of a girl under 14 years of age
When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under...
- Section 187 - Charge of Burglary, etc.
When a person is charged with an offence mentioned in Chapter XXIX of the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of another...
- Section 188 - Charge of stealing
When a person is charged with stealing anything and—
(a) the facts proved amount to an offence under section 322 or section 323 of the Penal Code (Cap. 63), he may be convicted of that offence...
- Section 189 - Charge of obtaining by false pretences
When a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud and it is proved that he stole the thing, he may be convicted of the offence of...
- Section 190 - Charge of stock theft under the Penal Code
When a person is charged with the offence of stock theft under the Penal Code (Cap. 63) and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under...
- Section 191 - Construction of sections 179 to 190
The provisions of sections 179 to 190, both inclusive, shall be construed as in addition to, and not in derogation of, the provisions of any other Act and the other provisions of this Code, and the...
- Section 192 - Person charged with misdemeanour not to be acquitted if felony proved, unless court so directs
If on a trial for a misdemeanour the facts proved in evidence amount to a felony, the accused shall not be therefore acquitted of the misdemeanour; and no person tried for the misdemeanour shall be...
- Section 193 - Right of accused to be defended
A person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in a criminal court, may of right be defended by an advocate.
- Section 193A - Concurrent criminal and civil proceedings
Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall...
- Section 194 - Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in a trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the...
- Section 197 - Manner of recording evidence before magistrate
(1) In trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner—
(a) the evidence of each witness shall be taken down in writing or on a typewriter in...
- Section 198 - Interpretation of evidence to accused or his advocate
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.
(2) If he...
- Section 199 - Remarks respecting demeanour of witness
When a magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of the witness whilst under examination.
- Section 200 - Conviction on evidence partly recorded by one magistrate and partly by another
(1) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein and is succeeded by another...
- Section 201 - Rules as to taking down of evidence
(1) The Chief Justice may make rules of court prescribing the manner in whichevidence shall be taken down in cases coming before the High Court, and the judges shall take down the evidence or the...
- Section 202 - Non-appearance of complainant at hearing
If, in a case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons...
- Section 203 - Appearance of both parties
If at the time appointed for the hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and...
- Section 204 - Withdrawal of complaint
If a complainant, at any time before a final order is passed in a case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, the court...
- Section 205 - Adjournment
(1) The court may, before or during the hearing of a case, adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties or their...
- Section 206 - Non-appearance of parties after adjournment
(1) If, at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court which made the order of adjournment, the court may, unless the...
- Section 207 - Accused to be called upon to plead
(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he pleads not guilty, guilty or guilty subject to a plea agreement.
[Issue 2]
(2) If...
- Section 208 - Procedure on plea of not guilty
(1) If the accused person does not admit the truth of the charge, the court shallproceed to hear the complainant and his witnesses and other evidence (if any).
(2) The accused person or his advocate...
- Section 210 - Acquittal of accused person when no case to answer
If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it...
- Section 211 - Defence
(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against...
- Section 212 - Evidence in reply
If the accused person adduces evidence in his defence introducing a new matter which the prosecutor could not by the exercise of reasonable diligence have foreseen, the court may allow the prosecutor...
- Section 213 - Order of speeches
The prosecutor or his advocate and the accused and his advocate shall be entitled to address the court in the same manner and order as in a trial under this Code before the High Court.
- Section 214 - Variance between charge and evidence, and amendment of charge
(1) Where, at any stage of a trial before the close of the case for the prosecution, it appears to the court that the charge is defective, either in substance or in form, the court may make such order...
- Section 215 - Decision
The court having heard both the complainant and the accused person, and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to...
- Section 216 - Evidence relative to proper sentence or order
The court may, before passing sentence or making an order against an accused person under section 215, receive such evidence as it thinks fit in order to inform itself as to the sentence or order...
- Section 217 - Drawing up of conviction or order
The conviction or order may, if required, be afterwards drawn up and shall be signed by the court making the conviction or order, or by the clerk or other officer of the court.
- Section 218 - Order of acquittal bar to further procedure
The production of a copy of the order of acquittal, certified by the clerk or other officer of the court, shall without other proof be a bar to a subsequent information or complaint for the same...