What is Procedure where lunatic prisoner is reported capable of making his defence? What is the Procedure where lunatic detained is declared fit to be released? Delivery of lunatic to care of relative or friend. Section 337, 338 and 339 of Code of Criminal Procedure 1973

Procedure where lunatic prisoner is reported capable of making his defence, Procedure where lunatic detained is declared fit to be released and Delivery of lunatic to care of relative or friend are defined under Section 337, 338 and 339 of CRPC 1973. Provision under these sections are:

 

 

 

Section 337 of CRPC "Procedure where lunatic prisoner is reported capable of making his defence"

 If such person is detained under the provisions of sub-section (2) of Section 330, and in the case of a person detained in a jail, the Inspector General of Prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of Section 332 and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

 

Section 338 of CRPC "Procedure where lunatic detained is declared fit to be released"

(1) If such person is detained under the provisions of sub-section (2) of section 330 or Section 335, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum, and in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

 

Section 339 of CRPC "Delivery of lunatic to care of relative or friend"

(1) Whenever any relative or friend of any person detained under the provisions of Section 330 or Section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall,--

(a) be properly taken care of, and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such time and places, as the State Government may direct,

(c) in the case of a person detained under sub-section (2) of Section 330, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1) certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court and upon such production the Magistrate or Court shall proceed in accordance with the provisions of Section 332, and the certificate of the inspecting office shall be receivable as evidence.

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