Section 367(5) in Bharatiya Nagarik Suraksha Sanhita, 2023
(5)If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369.[Similar to Section 328 from Old CrPC-Also Refer]