Section 367(2) in Bharatiya Nagarik Suraksha Sanhita, 2023
(2)If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist of Government hospital or Government medical college for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual disability:Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-(a) head of psychiatry unit in the nearest Government hospital; and(b) a faculty member in psychiatry in the nearest Government medical college.
