Procedure where lunatic detained is declared fit to be released
AI Assist
Summary
When a person detained under the mental-detention provisions is certified by the Inspector-General or the visitors as not likely to harm themselves or others, the State Government may order their release, continued detention, or transfer to a public lunatic asylum. If it orders transfer, it may appoint a Commission of one judicial and two medical officers to hold a formal inquiry, take evidence and report. The State Government may then order release or detention based on that report.
Example
Ravi was detained in custody as a mental patient after neighbours complained about his behaviour. The Inspector-General and visitors certified he was not likely to be dangerous, but the State Government ordered transfer to a government mental hospital and set up a Commission of one judge and two doctors to inquire. After the Commission reported, the State Government decided whether to release him or keep him in custody.
Bare Act
Enacted text(1) If such person is detained under the provisions of Sub-Section (2) of section 330, or section 335 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 lunatic asylum if he has not been already sent to such an asylum: and, in case it orders him to be transferred to an asylum, 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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