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.

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

What is the Procedure in case of accused being lunatic? What is the Procedure in case of person of unsound mind tried before Court? Release of lunatic pending investigation or trial Section 328, 329 and 330 of Code of Criminal Procedure 1973

What is Resumption of inquiry or trial? What is Procedure on accused appearing before Magistrate or Court? When accused appears to have been of sound mind? Section 331, 332 and 333 of Code of Criminal Procedure 1973

What is Judgment of acquittal on ground of unsoundness of mind? What is the meaning of Person acquitted on such ground to be detained in safe custody? What is Power of State Government to empower officer-in-charge to discharge? Section 334, 335 and 336 of Code of Criminal Procedure 1973

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

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

What is the Procedure in cases mentioned in Section 195? Appeal What is the Power to order costs?. Section 340, 341 and 342 of Code of Criminal Procedure 1973

What is the Procedure of Magistrate taking cognizance? What is Summary procedure for trial for giving false evidence? Section 343 and 344 of Code of Criminal Procedure 1973

What is the Procedure in certain cases of contempt? What is the Procedure where Court considers that case should not be dealt with under Section 345? Section 345 and 346 of Code of Criminal Procedure 1973

When Registrar or Sub-Registrar to be deemed a Civil Court? What is discharge of offender on submission apology? What is imprisonment or committal of person refusing to answer or produce document? Section 347, 348 and 349 of Code of Criminal Procedure 1973

What is summary procedure for punishment for non-attendance by a witness in obedience to summons? What is appeals from convictions under Sections 344, 345, 349 and 350? What is the meaning of certain Judges and Magistrates not to try certain offences when committed before themselves? Section 350, 351 and 352 of Code of Criminal Procedure 1973

What is Judgment? What should be Language and contents of judgment? Section 353 and 354 of Code of Criminal Procedure 1973

 

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