Section 329(3) in The Code of Criminal Procedure, 1973
(3)If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with Section 330.] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 26 (b), for sub-Section (2) Prior to its substitution, sub-Section (2) read as under : - [(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Magistrate of Court].]
