Procedure where person of unsound mind detained is declared fit to be released
AI Assist
Summary
If an Inspector-General or visitors certify a detained person can be released without danger, the State Government may order release, continued detention, or transfer to a public mental health establishment. When transfer is ordered, the State Government may appoint a Commission of one judicial and two medical officers to hold a formal inquiry and take evidence. After the Commission reports, the State Government decides on release or continued detention.
Example
Priya was detained under the relevant provisions and the Inspector-General certified she could be released without danger. The State Government ordered her transfer to a public mental health establishment and appointed a Commission with one judicial member and two medical officers. The Commission held a formal inquiry, took evidence, and reported; the State Government then decided whether to release her or keep her detained.
Bare Act
Enacted text(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, 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 mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, 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.
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