Code:
(1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall–
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;
(c) in the case of a person detained under sub-section (2) of section 330, be produced when required before such Magistrate or Court,
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence.
Explain it:
This section outlines the procedure to be followed when a person found to be of unsound mind is apprehended under the CrPC. It states that if a person is found to be a lunatic and is apprehended under the CrPC, the Magistrate can, instead of sending them to jail, deliver them to a relative or friend who is willing and able to take care of them. The Magistrate must ensure that the relative or friend is suitable to care for the lunatic and is able to provide for their needs.
Illustrate it:
Imagine a person is found wandering on the streets, behaving erratically and exhibiting signs of mental illness. The police apprehend them and bring them before a Magistrate. Upon examination, the Magistrate determines that the person is indeed of unsound mind. Instead of sending them to jail, the Magistrate locates the person’s brother, who is willing and able to take care of them. The Magistrate then delivers the person into the brother’s custody.
Common questions and answers:
Q: What is the purpose of this section?
A: The purpose is to provide a humane alternative to imprisonment for individuals suffering from mental illness. It allows for their care and support in a familiar environment with loved ones.
Q: Who can deliver the lunatic to a relative or friend?
A: Only a Magistrate can deliver a lunatic to a relative or friend under Section 339.
Q: What criteria must be met by the relative or friend?
A: The relative or friend must be willing and able to care for the lunatic and provide for their needs. The Magistrate must be satisfied with their suitability.
