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CrPC Section-339 - Delivery of lunatic to care of relative or friend

Description

Whenever any relative or friend of a person detained under the provisions of section 330 or section 335 wishes to take him into their care and custody, the State Government may, upon the application of such relative or friend and upon their providing security to the satisfaction of the State Government, order the release of the person to such relative or friend, provided that the relative or friend agrees to ensure the following:

  1. The person will be properly cared for and prevented from causing harm to himself or to others.
  2. The person will be available for inspection by the designated officer, at such times and places as directed by the State Government.
  3. If the person is detained under Sub-Section (2) of section 330, he will be produced before the Magistrate or Court whenever required.

If the person is accused of an offence, and the trial has been postponed due to his unsoundness of mind, the inspecting officer referred to in clause (b) of Sub-Section (1) certifies to the Magistrate or Court that the person is now capable of making his defence, the Magistrate or Court will instruct the relative or friend to bring the accused before them. Upon such production, the Magistrate or Court will proceed according to the provisions of section 332, and the certificate of the inspecting officer will be admissible as evidence.

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