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Colonial Prisoners Removal Act, 1884 [Repealed] Section 10

Title: Application of Act to Removal of Criminal Lunatics

State: Central

Year: 1884

.....to criminal lunatics and (subject to those regulations) all laws and regulations in force in the part of Her Majestys dominions in which a criminal Judaic removed or returned is for the time being in custody under a warrant issued in pursuance of this Act, shall apply to such criminal lunatics as if he had become a criminal lunatic in that part. (2) Where a person, who is a criminal lunatic by reason of being unfit to be tried for an offence, is removed in pursuance of this Act, and a Secretary of State or the Governor of the British possession to or from which such person was removed considers that such person has become sufficiently sane to be tried for the said offence and requires him to be returned for trial to the British possession from which he was removed, he shall, in accordance with the regulations under this Act he returned as a prisoner to the said British possession for the purpose of being there tried for the said offence, and shall he removed thither in custody in like manner as if he had been arrested under a warrant on a charge for the said offence.

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Prisoners Act, 1900 Section 30

Title: Lunatic Prisoners How to Be Dealt with

State: Central

Year: 1900

.....which he may have been ordered or sentenced by the Court to undergo. 4 [(4) In any case in which the 1 [State Government] is competent under sub-section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the 2 [State], the 1 [State Government] may order his removal to any such asylum or place within any other 2 [State]or within 5 [any part of India to which this Act does not extend] by agreement with the 1 [State Government] of such other 2 [State]6 [***]; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1)shall, so far as they can be made applicable, apply to a prisoner removed under this sub-section.] _________________________ 1. Substituted by the A.O. 1950, for "Provincial Government". 2. Substituted by the A.O. 1950, for "Province". 3. Now the Indian Lunacy Act, 1912 (4 of 1912). 4. Substituted by Act 38 of 1920, section. 2 and Sch. 1, for sub-section (4). 5. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "any Part B State". 6. The words "or, with such State or the Ruler thereof, as the case may be", omitted by.....

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Colonial Prisoners Removal Act, 1884 [Repealed] Section 17

Title: Application of Act to Existing and Criminal Lunatics

State: Central

Year: 1884

This Act shall apply to a prisoner who has been convicted, and to a criminal lunatic who has become a criminal lunatic before the passing of this Act. in like manner as if he had been convicted and became a criminal lunatic after the commencement of this Act.

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Official Trustees Act, 1913 Section 12

Title: Executor or Administrator May Pay to Official Trustee Legacy, Share, Etc., of Minor or Lunatic

State: Central

Year: 1913

[12. Executor or administrator may pay to Official Trustee legacy, share, etc., of1[minor] or lunatic (1) If any1[minor] or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom such gift is made, or executor or administrator by of Whom such legacy or share is payable or transferable or any trustee leg of such gift, legacy or share, to transfer the same by an instrument in writing to the Official Trustee by that name or any other sufficient description with his consent: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee. (2) Any money or property transferred to the Official Trustee under this section shall vest in him and shall be subject to the same provisions as are contained in this Act as to other property vested in such Official Trustee. ________________________ 1. Substituted for " infant" by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964.

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Indian Succession Act, 1925 Section 246

Title: Administration, for Use and Benefit of Lunatic or Minor

State: Central

Year: 1925

If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestate's estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the Will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.

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Coast Guard Act, 1978 Section 89

Title: Subsequent Fitness of Lunatic Accused for Trial

State: Central

Year: 1978

Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 88, any officer prescribed in this behalf, may,-- (a) if such person is in custody under sub-section (3) of section 88, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in jail under sub-section (4) of section 88, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Coast Guard Court for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.

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Coast Guard Act, 1978 Section 91

Title: Release of Lunatic Accused

State: Central

Year: 1978

Where any person is in custody under sub-section (3) of section 88 or under detention under sub-section (4) of that section,-- (a) if such person is in custody under the said sub-section (3), on the report of the medical officer, or (b) if such person is detained under the said sub-section (4), on a certificate from any of the authorities mentioned in clause (b) of section 89 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such asylum.

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Code of Criminal Procedure, 1973 Section 337

Title: Procedure Where Lunatic Prisoner is Reported Capable of Making His Defence

State: Central

Year: 1973

If such person is detained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

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Code of Criminal Procedure, 1973 Section 338

Title: Procedure Where Lunatic Detained is Declared Fit to Be Released

State: Central

Year: 1973

(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.

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Government Savings Banks Act, 1873 Section 12

Title: Payment of Deposits Belonging to Lunatics

State: Central

Year: 1873

Deposits belonging to lunatics If any depositor becomes insane or otherwise incapable of managing his affairs, and if such insanity or incapacity is proved to the satisfaction of the Secretary of the Bank in which his deposit may be, such Secretary may, from time to time, make payments out of the deposit to any proper person, and the receipt of such person, for money paid under this section, shall be a sufficient discharge therefor. Where a committee or manager of the depositor's estate has been duly appointed, nothing in this section authorizes payments to any person other than such committee or manager.

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