CrPC · Code of Criminal Procedure, 1973

Section 338 CrPC

Procedure where lunatic detained is declared fit to be released

Procedure & effect

If such person is detained under the provisions of Sub-Section (2) of section 330, or section 335 and such Inspector-General or visitors shall 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.
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.

FAQ — Section 338 CrPC

Section 338 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Procedure where lunatic detained is declared fit to be released”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

If such person is detained under the provisions of Sub-Section (2) of section 330, or section 335 and such Inspector-General or visitors shall 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 trans

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.