338Procedure 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.
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- 328 Procedure in case of accused being lunatic
- 329 Procedure in case of person of unsound mind tried before Court
- 330 Release of person of unsound mind pending investigation or trial
- 331 Resumption of inquiry or trial
- 332 Procedure on accused appearing before Magistrate or Court
- 333 When accused appears to have been of sound mind
- 334 Judgment of acquittal on ground of unsoundness of mind
- 335 Person acquitted on such ground to be detained in safe custody
- 336 Power of State Government to empower officer-in-charge to discharge
- 337 Procedure where lunatic prisoner is reported capable of making his defence
- 338 Procedure where lunatic detained is declared fit to be released
- 339 Delivery of lunatic to care of relative or friend