Release of lunatic pending investigation or trial:


Whenever an accused
person is found to of unsound mind and incapable of making his defence, the Magistrate
or Court, as the case may be, whether the case is one in which bail may be taken or not,
may release him on sufficient security being given that he- shall be properly taken care of
and shall be prevented from doing injury to himself or to any other person, and for his
appearance when required before the Magistrate or Court or such officer as the
Magistrate or Court appoints in this behalf.
(2) Custody, of lunatic: If the case is one in which, in the opinion of the Magistrate or
Court, bail should not be taken, or if sufficient security is not given, the Magistrate or
Court, as the case may be, shall, order the accused to be detained in safe custody in such
place and manner as he or it may think fit, and shall report the action taken to the
provincial Government:
Provided that no order for the detention of the accused in a lunatic asylum shall be made
otherwise than in accordance with such rules as the Provincial Government may have
made under the Lunacy Act, 1912.

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