Code of Criminal Procedure — Section 338
Procedure where lunatic detained is declared fit to be
338. Procedure where lunatic detained is declared fit to be released.(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 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.
(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.
339.
Delivery of lunatic to care of relative or friend.
Follow cited cases · Browse courts and years · Research topics
Judgments citing Section 338
- Andhra Pradesh High Court 27 Jan 2026 — aphc010358632022_1_2026-01-27
- Gauhati High Court 06 Jan 2026 — gahc010123152025_1_2026-01-06
- Delhi High Court 17 Jul 2025 — dlhc010447282025_1_2025-07-17
- Karnataka High Court 04 Apr 2025 — kahc010008312025_1_2025-04-04
- Bombay High Court 27 Mar 2025 — hcbm030479322024_1_2025-03-27
- Telangana High Court 02 Jan 2025 — hbhc010720352024_1_2025-01-02
- Karnataka High Court 01 Aug 2024 — kahc010305402024_1_2024-08-01
- High Court of Jammu & Kashmir and Ladakh 02 Mar 2023 — jkhc020061372016_1_2023-03-02
- High Court of Jammu & Kashmir and Ladakh 02 Mar 2023 — jkhc020060442016_1_2023-03-02
- High Court of Jammu & Kashmir and Ladakh 02 Mar 2023 — jkhc020019862016_1_2023-03-02
- High Court of Jammu & Kashmir and Ladakh 02 Mar 2023 — jkhc020016332016_1_2023-03-02
- High Court of Jammu & Kashmir and Ladakh 02 Mar 2023 — jkhc020014282016_1_2023-03-02
- Gauhati High Court 06 Aug 2013 — gahc010123522008_1_2013-08-06
- Madhya Pradesh High Court 26 Sep 2012 — mphc010021301997_1_2012-09-26
- Punjab & Haryana High Court 30 Jul 2012 — phhc010615462012_1_2012-07-30
- Himachal Pradesh High Court 13 Jun 2012 — hphc010011562011_1_2012-06-13
- Himachal Pradesh High Court 14 May 2012 — hphc010044992012_1_2012-05-14
- Andhra Pradesh High Court 14 Dec 2011 — hbhc010284922009_1_2011-12-14
- Gauhati High Court 27 Jul 2011 — gahc010122892011_1_2011-07-27
- Sikkim High Court 06 Sep 2010 — skhc010000262010_1_2010-09-06
Text reproduced from the public statutes on which the corpus is built. Verify against the official Gazette before relying on it. This is statute reference, not legal advice.