Delivery of lunatic to care of relative or friend
AI Assist
Summary
A relative or friend can apply to the State Government to take custody of a person detained under sections 330 or 335. The Government may deliver the person if the applicant gives security that the person will be properly cared for, prevented from harming self or others, and produced for inspection when required. If an accused whose trial was postponed for unsoundness of mind is later certified by an inspecting officer as capable of making his defence, the magistrate or court will order the custodian to produce him and proceed with the trial; the officer's certificate is admissible as evidence.
Example
Priya applies to the State Government to take custody of her brother Ravi, who is detained under section 330. She gives security promising to care for him, prevent self-harm, and produce him for inspections, so the Government delivers him into her custody. If an inspecting officer later certifies Ravi can make his defence, the magistrate or court will order Priya to produce Ravi and the trial will resume; the officer's certificate is usable as evidence.
Bare Act
Enacted text(1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 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 330, 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 332, and the certificate of the inspecting officer shall be receivable as evidence.
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