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What would the Court do with the accused person if he pleads successfully the defense of insanity?



The procedure to be followed by Court when accused pleads successfully the defense of insanity is governed by Section 219(3)(a) and (b) of the Criminal Procedure Act. These are: 

1). Where accused could have been sentenced to death or suffered imprisonment for a term not less than 7 years, the Court is required to submit records of proceedings or copy of it to the Minister and it is meanwhile required to commit accused into custody as criminal lunatic. 

2). Where the accused could have been sentenced for a term of less than 7 years imprisonment, the Court is entitled to exercise its discretion of dealing with him under the secton 8 of the Mental Diseases Act Cap 98.

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