Procedure where lunatic detained is declared fit to be released
Section 338 of the Code of Criminal Procedure, 1973 deals with procedure where lunatic detained is declared fit to be released. 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 th The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 338, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 377 Procedure where person of unsound mind detained is declared fit to be released Close, with changes 77%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 338
What does Section 338 of the Code of Criminal Procedure deal with?
Section 338 of the Code of Criminal Procedure is headed "Procedure where lunatic detained is declared fit to be released". 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 th
How do I find court cases under Section 338 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 338, section 338 CRPC, section 338 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 338 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 330 (Release of lunatic pending investingaion or trial), section 335 (Person acquitted on such ground to be detained in safe custody), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 377 (Procedure where person of unsound mind detained is declared fit to be released), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 338 of the Code of Criminal Procedure come into force?
Section 338 of the Code of Criminal Procedure, cited as CRPC 338, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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