Chapter XXV
Section 338 CrPC: Procedure where lunatic detained is declared fit to be released
New Law Update (2024)
Section 358 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 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.
Important Sub-Sections Explained
Section 338(1)
This sub-section outlines the initial process for releasing a person of unsound mind detained under CrPC Sections 330(2) or 335. If certified by relevant authorities as no longer dangerous, the State Government can order their release, continued detention, or transfer to an asylum, potentially forming a special Commission for deeper assessment.
Section 338(2)
This sub-section describes the mandate of the Commission appointed under Sub-section (1). It requires the Commission to conduct a formal inquiry into the individual’s mental state, gather evidence, and submit a report to the State Government, which then makes the final decision regarding their release or further detention.