Chapter XXV
Section 339 CrPC: Delivery of lunatic to care of relative or friend
New Law Update (2024)
Section 352 BNSS
TRIAL COURT
Magistrate or Court
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 officer shall be receivable as evidence.
Important Sub-Sections Explained
Section 339(1)
This sub-section outlines the conditions under which the State Government may allow a relative or friend to take custody of a person of unsound mind, detained under Section 330 or 335 CrPC, requiring them to provide security for the person’s care, safety, and production when required.
Section 339(2)
This sub-section details the procedure to be followed if the inspecting officer certifies that the accused, previously delivered to a relative/friend, has recovered sanity and is capable of making a defence; the Magistrate or Court shall then proceed according to Section 332 CrPC.
Landmark Judgements
Draft Format / Application
To,
The Secretary,
Home Department,
[Name of State Government, e.g., Government of Maharashtra],
[State Capital, e.g., Mumbai], [Pin Code].
Subject: Application under Section 339 of the Code of Criminal Procedure, 1973, for the delivery of [Name of Accused] (person of unsound mind) into the care and custody of a relative/friend.
Respected Sir/Madam,
I, [Applicant’s Name], son/daughter/wife of [Father’s/Husband’s Name], aged about [Age] years, residing at [Applicant’s Address], am the [Relationship – e.g., father, brother, friend] of [Name of Accused], who is currently detained under the provisions of Section 330/335 of the Code of Criminal Procedure, 1973, in connection with [briefly mention the case/detention reason, if known, e.g., FIR No./Case No.].
The said [Name of Accused] has been declared to be of unsound mind and incapable of making his defence, leading to his detention as per the relevant provisions.
I am desirous of taking the said [Name of Accused] into my care and custody, ensuring his proper well-being, and preventing him from causing injury to himself or to any other person. I undertake to fulfill all conditions as may be imposed by the State Government, including:
(a) To properly take care of and prevent the said [Name of Accused] from doing injury to himself or to any other person.
(b) To produce him for the inspection of such officer, and at such times and places, as the State Government may direct.
(c) To produce him when required before the Magistrate or Court concerned, especially if he was detained under Sub-Section (2) of Section 330 CrPC.
I am willing to furnish security to the satisfaction of the State Government for the due observance of the aforesaid conditions.
In light of the above, I humbly pray that this Hon’ble State Government may be pleased to pass an order for the delivery of [Name of Accused] into my care and custody, subject to such conditions and security as deemed fit.
Date: [Date]
Place: [Place]
Yours faithfully,
[Applicant’s Signature]
[Applicant’s Name]
[Applicant’s Contact Number]
[Applicant’s Email (Optional)]