Act Number: 2

Act Name: The Code of Criminal Procedure, 1973

Year: 1974

Enactment Date: 1974-01-25

Long Title: An Act to consolidate and amend the law relating to Criminal Procedure.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section 338: Procedure where lunatic detained is declared fit to be released.
    (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.
Scroll to Top