Criminal Manual 293 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

The following instructions explanatory of the procedure in dealing with Criminal Lunatics be followed by the Courts :—

(1) Before releasing a criminal lunatic under section 330(1), Code of Criminal Procedure, 1973, a Court or Magistrate should, if the accused has exhibited a tendency to violence or if the crime charged is of a serious nature, question the Civil Surgeon or other officer examined under section 328(1), Code of Criminal Procedure, 1973, about the safety of the proposed procedure. Such medical opinion should also be taken before a Court or Magistrate orders an accused person acquitted on the ground of insanity to be detained in any place other than a Mental Hospital.

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