CrPC 338 — Procedure where lunatic detained is declared fit to be released

Code of Criminal Procedure, 1973

Statutory 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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