Section 368(2) in Bharatiya Nagarik Suraksha Sanhita, 2023
(2)If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:Provided that if the accused is aggrieved by the information given by the psychiatrist 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.
