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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 336-385
Section 336
Section 337
Section 338
Section 339
Section 340
Section 341
Section 342
Section 343
Section 344
Section 345
Section 346
Section 347
Section 348
Section 349
Section 350
Section 351
Section 352
Section 353
Section 354
Section 355
Section 356
Section 357
Section 358
Section 359
Section 360
Section 361
Section 362
Section 363
Section 364
Section 365
Section 366
Section 367
Section 368
Section 369
Section 370
Section 371
Section 372
Section 373
Section 374
Section 375
Section 376
Section 377
Section 378
Section 379
Section 380
Section 381
Section 382
Section 383
Section 384
Section 385
Section 339- Delivery of lunatic to care or relative or friend

Whenever any relative 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 subsection (2) of section 330, be produced when required before such Magistrate or court, order such person to be delivered to such relative or friend.
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 of court shall proceed in accordance with the provisions of section 332, and certificate of the inspecting officer shall be receivable as evidence.
     
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