267. Police may not decide question of lunacy. [§ 12, Act V, 1861].
- It is not for a police officer to decide whether a person charged with a cognizable offence is or is not a lunatic. He will deal with the case as if the person were sane, and if an offence be proved, will send the prisoner up for trial. But the investigating officer shall ask the Court to have an enquiry made regarding the mental condition of the accused as soon as he shows signs of insanity and he shall not send up witnesses for the prosecution without previously ascertaining whether in the opinion of the Court the prisoner is capable of making his defence.
