Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXIII · Persons of Unsound Mind
344. Release of person of unsound mind pending investigation or trial
Feedback & supportWhenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or
offence
“offence” means any act or omission made punishable by any law for the time being in force;
Magistrate or such officer as the Judge or Magistrate appoints in that behalf.
If the offence charged is not bailable or if sufficient security is not given the Judge or Magistrate shall report the case to the
Yang di-Pertuan Agong in respect of the Federal Territory, the
Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State in which the trial is held and *the Ruler may, in his discretion, order the accused to be confined in a psychiatric hospital, and the Judge or Magistrate shall give effect to such order.
Pending the order of the Ruler the accused may be committed to a psychiatric hospital for safe custody.
*NOTE—Throughout this Chapter, references to “the Ruler” shall be construed as “the Yang di-Pertuan
Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State”—see subparagraph 2(ii) of the Criminal Procedure Code (Amendment)
Act 1976 [Act A365].
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