Person acquitted on such ground to be detained in safe custody
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Summary
When a trial finds the accused did the act alleged but was legally incapacitated (for example of unsound mind) so the act would not count as an offence because of that incapacity, the magistrate or court must order either detention in safe custody or delivery to a relative or friend who applies and gives security. Detention in an asylum must follow State rules; delivery can include conditions like producing the person for inspection as the State directs. The magistrate or court must report the action to the State Government.
Example
Ravi, while mentally unwell, injured a neighbour and the court finds he committed the act but was of unsound mind. The magistrate orders him detained in safe custody at a suitable hospital under State rules and reports this to the State Government; if a brother applied and gave security, the magistrate could instead hand him over to that relative with conditions.
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 lunatic asylum 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 Indian Lunacy Act, 1912 (4 of 1912).
(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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