Criminal Procedure Code
181
(2) If the offence charged is not bailable or if sufficient security
is not given the Judge or Magistrate shall report the case to the
Yang di-Pertuan Agong in respect of the Federal Territory, the
Ruler or the Yang di-Pertua Negeri of the State, as the case
may be, in respect of a State in which the trial is held and
*the Ruler may, in his discretion, order the accused to be confined
in a psychiatric hospital, and the Judge or Magistrate shall give
effect to such order.
(3) Pending the order of the Ruler the accused may be committed
to a psychiatric hospital for safe custody.
Resumption of trial
345. When the accused has been released under section 344
the Court may at any time require the accused to appear or be
brought before it and may again proceed under section 342.
346. (Deleted by Act A908).
Judgment of acquittal on ground of mental disorder
347. Whenever any person is acquitted upon the ground that at
the time at which he is alleged to have committed an offence he
was, by reason of unsoundness of mind, incapable of knowing
the nature of the act alleged as constituting the offence or that it
was wrong or contrary to law, the finding shall state specifically
whether he committed the act or not.
Safe custody of person acquitted
348. (1) Whenever the finding states that the accused person
committed the act alleged, the Court before which the trial has
been held shall, if that act would, but for incapacity found,
have constituted an offence, order that person to be kept in safe
custody in such place and manner as the Court thinks fit and
shall report the case for the orders of the Ruler of the State in
which the trial is held:
*NOTE—Throughout this Chapter, references to “the Ruler” shall be construed as “the Yang
di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri
of the State, as the case may be, in respect of a State”—see subparagraph 2(ii) of the Criminal
Procedure Code (Amendment) Act 1976 [Act A365].
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