(1) If any prisoner awaiting sentence of death shows signs of insanity which, in the opinion of the Medical Officer, are not feigned, or which require observation to determine whether they are feigned or not, the circumstance shall at once be reported to Government, through the Inspector General of Prisons for orders along with the following documents, namely:-
(a) The Descriptive Roll of the prisoner;
(b) A copy of the warrant under which he is confined (in duplicate);
(c) The Medical Officer's certificate in the prescribed form; and
(d) The medical history sheet (in duplicate).
Note: A copy of the judgment shall also be sent as soon as possible.
भाग 4 (ग) राजस्ााू राज-पत्र दिसम् बर 12 2022 672
(2) If Government orders the appointment of a Special Medical Board, for the purpose of examining the mental condition of a convict sentenced to death, the convict shall be kept under observation in the prison by the Psychiatrist in charge of the nearest Headquarters Hospital or Medical College & Hospital for a period of ten days or longer if considered necessary prior to an examination by the Medical Board.
(3) The Superintendent and the Medical Officer of the prison, in which the convict may be confined, shall give all facilities to the Psychiatrist for medical examination of the convict.
(4) As soon as possible, after the Medical Board is appointed and the convict is placed under observation, the Superintendent of the prison shall collect information about the convict through the police or other sources and place it at the disposal of the Psychiatrist, or Medical Officer.
(5) The history of the convict shall be obtained from institutions or individuals with whom he has had contacts, the Psychiatrist shall furnish the Superintendent of the prisons with a questionnaire for collecting the information, factual material concerning the mental condition of the convict shall be obtained either from records or from eyewitnesses including the officer who arrested him and for the purposes of an estimation of the convict's state of mind just prior to, at the time of, and soon after the commission of the offence, reports shall be obtained from eyewitnesses including relatives of the convict.
Note: Evidence regarding the behaviour of the prisoner at the time of the trial, and especially during examination in Court, will be available from the proceedings of the Court including the evidence, the summing up and the judgment. Reports on the convict shall be obtained from individuals who have been in contact with him during the remand period and subsequent detention in prison. While collecting this information, utmost care shall be taken to see the object with which it is collected is not divulged. It should also be remembered that the relatives of the convict are likely to be specially interested and the information supplied by them should be used with the greatest care. Such report should be collected by the Prison Officer.
(6) As soon as the Psychiatrist or Medical Officer is ready with his report, he shall request the Superintendent or Director Medical and Health to fix a date for the Special Medical Board.
(7) The Psychiatrist or Medical Officer shall place all the records before the Medical Board. The Chairman of the Board shall forward the proceedings of the Medical Board to the Secretary, Home Department, through the Inspector General of Prisons with information to the Superintendent of jail.