Person acquitted on ground of unsoundness of mind to be detained in safe custody
AI Assist
Summary
If a trial finds the accused did the act but was insane at the time, the Magistrate or Court must either order detention of the person in safe custody or hand them over to a relative or friend. Detention in a public mental health establishment must follow State Government rules made under the Mental Healthcare Act, 2017. Delivery to a relative requires their application and security for care and inspection. The Court must report the action to the State Government.
Example
Ravi injures his neighbor but, at trial, is found to have lacked mental capacity though the act is proved. The Magistrate orders Ravi detained in safe custody at a mental health facility under the State rules, and the Court sends a report of the action to the State Government.
Bare Act
Enacted text(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,-
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(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
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(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall-
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(a) be properly taken care of and prevented from doing injury to himself or to any other person;
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(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
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