Delivery of person of unsound mind to care of relative or friend
AI Assist
Summary
A relative or friend may apply to the State Government to have a person detained as of unsound mind delivered into their custody if they give satisfactory security. The custodian must take proper care, prevent harm, and produce the person for inspections and when required before the Magistrate or Court. If the detained person is an accused whose trial was postponed, an inspecting officer’s certificate that he can make his defence makes the Court call the custodian to produce him and proceed with the trial; that certificate is evidence.
Example
Priya applies to the State Government to take custody of her brother who was detained as of unsound mind, gives security, and promises to care for him and produce him for inspections. Later the inspecting officer certifies he can make his defence, so the Magistrate orders Priya to bring him to Court and the trial proceeds; the officer’s certificate is accepted as evidence.
Bare Act
Enacted text(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 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-
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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;
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(c) in the case of a person detained under sub-section (2) of section 369, 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 371, and the certificate of the inspecting officer shall be receivable as evidence.
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