Description

Whenever the finding indicates that the accused person committed the act alleged, the Magistrate or Court, before which the trial was held, shall:

1. If such act would, but for the found incapacity, have constituted an offence, order the person to be detained in safe custody at a place and in a manner as the Magistrate or Court deems fit; or
2. Order that the person be delivered to a relative or friend of the accused.

However, no order for detention in a lunatic asylum shall be made under clause (a) of Sub-Section (1) unless it complies with the rules set by the State Government under the Indian Lunacy Act, 1912 (4 of 1912).

Additionally, no order for delivering the accused to a relative or friend shall be made under clause (b) of Sub-Section (1) unless:

• Such relative or friend applies for the delivery and provides security to the satisfaction of the Magistrate or Court, ensuring that:
  1. The person will be properly cared for and prevented from causing harm to himself or others;
  2. The person will be produced for inspection at times and places specified by the State Government.