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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 286-335
Section 286
Section 287
Section 288
Section 289
Section 290
Section 291
Section 292
Section 293
Section 294
Section 295
Section 296
Section 297
Section 298
Section 299
Section 300
Section 301
Section 302
Section 303
Section 304
Section 305
Section 306
Section 307
Section 308
Section 309
Section 310
Section 311
Section 312
Section 313
Section 314
Section 315
Section 316
Section 317
Section 318
Section 319
Section 320
Section 321
Section 322
Section 323
Section 324
Section 325
Section 326
Section 327
Section 328
Section 329
Section 330
Section 331
Section 332
Section 333
Section 334
Section 335
Section 330- Release of lunatic pending investigation or trial

Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or court or such officer as the Magistrate or court appoints in this behalf.
If the case is one which, in the opinion of the Magistrate or court, bail should not be taken, or if sufficient security is not given, the Magistrate or court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government:

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
     
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