Section 338 CrPC: Procedure for Releasing Lunatic Declared Fit

This section outlines the procedure for releasing a person who was declared a lunatic under Section 335 CrPC but has subsequently been deemed fit to be released.

1. State the Code:

Section 338 of the Code of Criminal Procedure, 1973

2. Explain it:

When a person is declared a lunatic under Section 335 CrPC, they are typically sent to a mental hospital or institution for treatment. This section outlines the procedure for releasing such a person once they have recovered and are deemed fit to be released.

The procedure involves:

• Medical Examination: A medical board, appointed by the magistrate, will examine the person to assess their mental condition and determine if they have recovered sufficiently to be released.
• Report to the Magistrate: The medical board will submit a report to the magistrate, stating their findings and recommending whether the person should be released or not.
• Magistrate’s Order: Based on the medical report, the magistrate will decide whether or not to release the person. If the magistrate orders release, they can impose conditions for the person’s release, such as requiring them to undergo further treatment or supervision.
• Release: If the person is released, they will be discharged from the mental institution and allowed to return to society.

3. Illustrate it:

Imagine a person named Ram is declared a lunatic under Section 335 CrPC and admitted to a mental hospital. After receiving treatment, Ram shows significant improvement and is deemed fit by the hospital staff.

The hospital will then initiate the procedure under Section 338 by requesting a medical board to examine Ram. The board, after examining Ram, will submit a report to the magistrate recommending his release.

The magistrate, based on the medical report, will decide whether or not to release Ram. If Ram is released, the magistrate may impose conditions such as regular follow-up appointments with a psychiatrist.

4. Common Questions & Answers:

Q: Can the person who was declared a lunatic refuse to be examined by the medical board?

A: No, the person is required to undergo the examination by the medical board.

Q: Can the magistrate release the person without the medical board’s recommendation?

A: No, the magistrate’s decision to release is based on the medical board’s report and recommendation.

Q: What happens if the medical board deems the person unfit for release?

A: The person will continue to be held at the mental institution until they are deemed fit for release.