Section Text
339.Delivery of lunatic to care of relative or friend. (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 time 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.
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(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.
CHAP
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE