§ 270 — Opinion of psychiatrist in criminal proceedings

270.—(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purposes of this section.(2) A Selection Committee may appoint, or renew the appointment of, a psychiatrist as a member of the Panel, for a period not exceeding 2 years at a time, if the psychiatrist applies in such manner, and satisfies such requirements, as may be prescribed in the Criminal Procedure Rules.

(3) In deciding whether to appoint, or to renew the appointment of, a psychiatrist as a member of the Panel, the Selection Committee must consider such matters as may be prescribed in the Criminal Procedure Rules.

(4) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel in such circumstances as may be prescribed by the Criminal Procedure Rules.

(5) Any psychiatrist who is aggrieved by any decision of the Selection Committee mentioned in the following paragraphs may appeal to the Chief Justice within such period, and in such manner, as may be prescribed by the Criminal Procedure Rules:(a)

a decision not to appoint the psychiatrist as a member of the Panel;

(b)

a decision not to renew the appointment of the psychiatrist as a member of the Panel;

(c)

a decision to revoke the appointment of the psychiatrist as a member of the Panel.

(6) The decision of the Chief Justice on an appeal under subsection (5) is final.

(7) Where the appointment of a psychiatrist as a member of the Panel is revoked under subsection (4), the psychiatrist cannot be re‑appointed as a member of the Panel until such period as may be specified in the Criminal Procedure Rules has passed.

(8) The Selection Committee consists of the following persons:(a)

a Supreme Court Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine, and who is the chairperson of the Committee;[Act 40 of 2019 wef 31/12/2025]

(b)

a District Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine;

(c)

a public officer, who is nominated by the Minister charged with the responsibility for health.

(9) All members of the Selection Committee must be present to constitute a quorum for a meeting of the Committee.

(10) Each member of the Selection Committee has one vote.

(11) A decision is adopted by the Selection Committee at a meeting if a majority of the votes cast on it are in favour of it.

(12) A member present at a meeting of the Selection Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.

(13) The members may, in place of the procedure described in subsections (11) and (12), adopt a decision by assenting to the decision in writing, if —(a)

all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and

(b)

a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.

(14) Where subsection (13) applies, the decision is deemed to have been adopted at a meeting of the Selection Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[Act 19 of 2018 wef 31/12/2025]

(15) No action, suit or other legal proceedings shall lie against the Chief Justice, the Selection Committee or any member of the Selection Committee in respect of an act or a thing done under this section.[Act 5 of 2024 wef 31/12/2025]

—(1) In any criminal proceedings, an opinion of a psychiatrist on any matter concerning psychiatry (when given as the opinion of an expert) is not admissible as evidence, unless the psychiatrist is a member of the panel of psychiatrists (called in this section the Panel) established for the purposes of this section.

(2) A Selection Committee may appoint, or renew the appointment of, a psychiatrist as a member of the Panel, for a period not exceeding 2 years at a time, if the psychiatrist applies in such manner, and satisfies such requirements, as may be prescribed in the Criminal Procedure Rules.

(3) In deciding whether to appoint, or to renew the appointment of, a psychiatrist as a member of the Panel, the Selection Committee must consider such matters as may be prescribed in the Criminal Procedure Rules.

(4) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel in such circumstances as may be prescribed by the Criminal Procedure Rules.

(5) Any psychiatrist who is aggrieved by any decision of the Selection Committee mentioned in the following paragraphs may appeal to the Chief Justice within such period, and in such manner, as may be prescribed by the Criminal Procedure Rules:(a)

a decision not to appoint the psychiatrist as a member of the Panel;

(b)

a decision not to renew the appointment of the psychiatrist as a member of the Panel;

(c)

a decision to revoke the appointment of the psychiatrist as a member of the Panel.

(6) The decision of the Chief Justice on an appeal under subsection (5) is final.

(7) Where the appointment of a psychiatrist as a member of the Panel is revoked under subsection (4), the psychiatrist cannot be re‑appointed as a member of the Panel until such period as may be specified in the Criminal Procedure Rules has passed.

(8) The Selection Committee consists of the following persons:(a)

a Supreme Court Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine, and who is the chairperson of the Committee;[Act 40 of 2019 wef 31/12/2025]

(b)

a District Judge, who is nominated by the Chief Justice for such period as the Chief Justice may determine;

(c)

a public officer, who is nominated by the Minister charged with the responsibility for health.

(9) All members of the Selection Committee must be present to constitute a quorum for a meeting of the Committee.

(10) Each member of the Selection Committee has one vote.

(11) A decision is adopted by the Selection Committee at a meeting if a majority of the votes cast on it are in favour of it.

(12) A member present at a meeting of the Selection Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.

(13) The members may, in place of the procedure described in subsections (11) and (12), adopt a decision by assenting to the decision in writing, if —(a)

all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and

(b)

a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.

(14) Where subsection (13) applies, the decision is deemed to have been adopted at a meeting of the Selection Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[Act 19 of 2018 wef 31/12/2025]

(15) No action, suit or other legal proceedings shall lie against the Chief Justice, the Selection Committee or any member of the Selection Committee in respect of an act or a thing done under this section.[Act 5 of 2024 wef 31/12/2025]