Procedure where lunatic prisoner is reported capable of making his defence
AI Assist
Summary
When a person detained as a lunatic under the relevant provision is certified as capable of making his defence by the Inspector‑General of Prisons (if in jail) or by two visitors of an asylum (if in an asylum), he must be produced before the Magistrate or Court at the time appointed. The Magistrate or Court will deal with him according to the procedure for trying his defence. The Inspector‑General's or visitors' certificate is admissible as evidence.
Example
Priya is detained in a lunatic asylum under the relevant provision. Two visitors of the asylum certify that Priya is capable of making her defence. The asylum produces Priya before the Magistrate at the appointed time, the Magistrate proceeds with the trial procedure for her defence, and the visitors' certificate is accepted as evidence.
Bare Act
Enacted textIf 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 in 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.
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