CHAPTER XIV Procedure in Dealing with Criminal Lunatics 1. The following instructions explanatory of the Procedure in dealing with Criminal Lunatics issued by Government for the guidance of Judicial and executive officers with Government Resolutions, Home Department. No. 6417 dated the 15th November 1924 and dated the 5 th February 1925 in substitution of those issued with Government Resolution No. 8512 dated the 30 th August 1921 are reproduced for general information : Before releasing a criminal lunatic under Section 330(1) of the Code of Criminal Procedure, 1973 a Court of Magistrate should if the accused has exhibited a tendency to violence of if the crime charged is of a serious nature, question the Civil surgeon or other officer examined under section 328 (i) of the code of Criminal procedure 1973 about the safety of the proposed procedure. Such medical opinion should also be taken before a Court of Magistrate orders an accused person acquitted on the ground of insanity to be detained in any place other than a Mental Hospital. 2. (1) In passing an order for detention under Section 330 of the Code of Criminal Procedure 1973 the trying Court should state whether the accused insane would ordinarily be within the class of person in whoes favour the Court has a discretion to pass an order under Section 3 and 4 of the Probation of Offenders Act. 1958. (2) A Court making an order of detention under section 330 of the Code of Criminal Procedure. 1973 should inform the superintendent of the Mental Hospital in which the insane is to be detained of the maximum period of imprisionment prescribed by law for the crime with which the insane has been charged. 3. A person detailed under the provision of Section 335 of the Code of
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CHAPTER XIV Procedure in Dealing with Criminal Lunatics
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CHAPTER XIV
Procedure in Dealing with Criminal Lunatics
1. The following instructions explanatory of the Procedure in dealing
with Criminal Lunatics issued by Government for the guidance of Judicial and executive
officers with Government Resolutions, Home Department. No. 6417 dated the 15th
November 1924 and dated the 5th February 1925 in substitution of those issued with
Government Resolution No. 8512 dated the 30th August 1921 are reproduced for general
information :
Before releasing a criminal lunatic under Section 330(1) of the Code of Criminal
Procedure, 1973 a Court of Magistrate should if the accused has exhibited a tendency to
violence of if the crime charged is of a serious nature, question the Civil surgeon or other
officer examined under section 328 (i) of the code of Criminal procedure 1973 about the
safety of the proposed procedure. Such medical opinion should also be taken before a
Court of Magistrate orders an accused person acquitted on the ground of insanity to be
detained in any place other than a Mental Hospital.
2. (1) In passing an order for detention under Section 330 of the Code of
Criminal Procedure 1973 the trying Court should state whether the accused insane would
ordinarily be within the class of person in whoes favour the Court has a discretion to pass
an order under Section 3 and 4 of the Probation of Offenders Act. 1958.
(2) A Court making an order of detention under section 330 of the Code of
Criminal Procedure. 1973 should inform the superintendent of the Mental Hospital in
which the insane is to be detained of the maximum period of imprisionment prescribed
by law for the crime with which the insane has been charged.
3. A person detailed under the provision of Section 335 of the Code of
Criminal Procedure 1973 should not ordinarily be committed to jail except as a
temporary measure In order to accelerate the process of transferring a criminal lunatic
from a jail to a more proper place of custody, It is desirable that the Court passing an
order under Section 335 of the Code of Criminal procedure, 1973 shoulded direct that the
criminal lunatic in question shall be kept in safe custody in a particular jail, and shall then
be transferred, after the necessary arrangements have been made to a particular Mental
Hospital or to such other Mental Hospital as may have accommodation for him.
On an application of any relative or friend and on giving satisfactory security the
court if satisfied shall order such person to be delivered to such relative or friend of such
person on the conditions the person delivered shall be properly taken care of and
prevented from causing injury to himself or to nay other person : and that he shall be
produced for the inspection of such officer, and at such times and places as the state
Government may direct.
If the court is of opinion, having regard to the nature of the offence and to the
history of the accused and after taking medical evidence, and considering any certificate
that may have been previously confined under Section 330 of the Code of Criminal
Procedure, 1973 that the accused may with safety be handed over to the custody of
relatives or friends at their request, it should commit the accused to prisoner other place
of safe custody, and at once forward direct to the secretary to Government, Home
department its recommendations, with copies of the medical evidence and such
information as may be available as to the history of the accused to enable the Government
to take action under Section 339 of the Code of criminal Procedure, 1973 in order cases,
steps should be taken to discover by telegrams., as in the next rule, in what Mental
Hospital accommodation is available before final orders are passed so that the detention
in jail may be as short as possible. It should be noted that a certificate under section 337
of the code of Criminal procedure 1973 that an accused is capable of making his defense
does not necessary imply that his mental condition is such as to make it safe to release
him.
4. The discharge of persons detained under Section 335 of the Code of
Criminal Procedure 1973 is matter for the discretion of the Government who will be
guided in each instance by the nature of the offence, the history of the detained person so
far as known and the opinion of the medical advisers, Ordinarily in murder cased, the
government will not accept a recommendation for prelease until a period of sanity of
some hears duration has elapsed.
5. When in the opinion of the Superintendent of Mental Hospital the
Recovery of a criminal insane detained under Section 330 of the code of Criminal
Procedure 1973. is being retarded by his knowledge of an impending prosecution, the
Superintendent should submit a recommendation to the government in favour of the
withdrawal of the charge pending against the insane. Reasons should be furnished by the
Superintendent in support of his recommendation, which should be accompanied by a
medical history sheet in the form perceived in Appendix IV attached to Government
Resolution , home department no. 6417 dated 15th November 1924 and by a copy of the
order of the Court concerned such recommendations should not, however, be made until
at least six months have elapses since the reception of the insane.
6. In the case of criminal in the case of criminal instances to whom section 3
or 4 of rthe probation of offenders Act 1958 would ordinarily have been applicable, the
superintendent of the Mental Hospital should apply to the Government for the withdrawal
of the prosecution after one year from the date of the order of detention under section 330
of the code of criminal procedure 1973.
7. In other cases, the proposal for withdrawal of charges should be made on
the completion of one year after the expiry of the maximum period of imprisonment
prescribed by law for the offence charged, or after a period of seven years, whichever is
less, provided that, if the Superintendents of the Hospital is of opinion after the lapse of
reasonable time that there is no possibility of recovery, the proposal may be made earlier,
but in no case sooner than six months from the date of reception.
8. The recommendation for withdrawal of prosecution should be submitted to
the State Government by the Superintendents of Hospitals on individual cases as they
arise in accordance with the principle mentioned above. The Superintendents should also
state while submitting the six monthly reports on criminal insane whether the recovery of
any of them is being retarded in consequence of the knowledge of an impeding
prosecution.
9. In the case of criminal insane dealt with in paragraphs 6 and 7, the
following particulars should be given :
(i) Date of order of detention.
(ii) Date of reception in hospital.
(iii) Description of the offence.
(iv) A copy of the order passed by the Court.
(v) A Maximum Punishment Prescribed for the offence.
(vi) Medical history sheet.
(vii) Remarks of the Superintendent as to whether the insane is harm
less or not, and whether he could be transferred to the civil side of the
hospital.
(viii) Nationality and place of birth.
10. The transfer of criminal insane belonging to other States or nationalities,
who are declared incapable of making their defence, to a Mental Hospital in the State or
Country to which they belong, should be considered as soon as the periods mentioned
above in regard to the withdrawal of charges against criminal insanes generally have
expired,provided that the period after which proposals for their transfer may be made
should not exceed three years.
11. On receipt of these special reports from the Superintendent of the Hospital.
If the State Government is satisfied that it is describe to withdral the prosecution, the
District Magistrate concerned will be requested wither to direct the Pu8blic Prosecutor to
withdraw the charge or to move the trying Court to stop proceeding under Section 258 of
the Code of Criminal Procedure, 1973 in cases to which that section applies. The District
Magistrate should them inform the superintendent of the Mental Hospital accordingly,
who will acknowledge the receipt of the communication and if the person against whom
the charge is thus withdrawn is still insane e, furnish a medical certificate to that effect to
the local Police authorities and request them with reference to Section 13 of the Indian
Lunacy Act (IV of 1912) to obtain a reception order under Sec. 14 Of the said Act. The
insane should then be transferred to the Civil side.
12. The cases of criminal instances confined in Mental Hospitals under
Section 30 (1) of the Prisoners Act Should be reported to the State Government in
accordance with the followings instructions :
(1) (i) In cases of instances falling under Chapter XXV of the Code of
Criminal Procedure, 1973 and removed to a lunatic asylum under Section 30(1) of the
Prisoners Act (owing to such person not having been originally detained in lunatic
asylum under orders of the Court) the same procedure as far as may be applicable should
be followed as is prescribed in Instructions 4 to 11 and 12.
(ii) The cases of convicted criminal insane criminal insane should , if no report
has already been submitted under Rule 12 of the Bombay Lunacy Rules, be reported to
the State Government in accordance with the following times :
(a) at such time as the case would have first come before an Advisory
Committee had the prisoner continued in jail :
(b) if such period has already elapsed, then on the expiry of six months from
the date of admission or when the case would have again been brought
before an Advisory Committee, whichever is earlier :
(c) a report should be made to the State Government every 2 years after the
report at (a) or (b) is made, unless the State Government in any case
directs otherwise.
Explanations : (1) The first time that a prisoner’s case is considered by an Advisory
Committee is after he has undergone, with the remissions, a sentence of 31/2 years or
half the original sentence whichever is greater.
(2) in a Mental Hospital , the prisoner should be credited with remissions of
one month for every two months, actual stay in hospital (i.e. half of the term actually
spent).
13. (1) Under subsection (4) of Section 5 of the Indian Lunacy Act 1992
the Government of Maharashtra has declared the area within the limits of each taluka.
Tahsil or Mahal in the state of Maharshtra being a Taluka. Tahsil or Mahal outside
Greater Bombay. As the area in which reception order may be made (Vide Government
Resolution. Urban Development and Public Health Department No. ILA – 1159/62536S
date the 10th June 1963.)
(2) The maintenance orders in respect of insane persons should be issued
within seven days from the date of issue of reception order in petition cases under
sections 7 and 10 of the Act and within three months in other cases. (vide high Court
Notification. No P. 0908/48 dated 11th September 1948 published at page 780 of the
Bombay Government Gazette, for 1948 Part IV C).
14. It is necessary to note that in cases of lunatics, in which reception orders
are passed by the Magistrates under Section 14, 15 or 17 of the Indian Lunacy Act 1912
(4 of 1912) the Magistrates are not empowered to pass orders of maintenance under
Section 89 of the Said Act, as the provision of Section 88 of the said Act requires the
authority, which makes the reception order n such cases, to apply to the High Court of
District Court, within the local limits of the original jurisdiction of which the estate of the
lunatic is situated or the person legally bound to maintain the lunatic reside, for an order
for the payment of the costs of maintenance of he lunatic As such the Magistrate passing
such illegal order of maintenance under section 89 of the said Act would create
complications and consequent delays in the recovery of amount of maintenance from
proper party and the actions pursuant to such illegal orders, are liable to be reversed.
15. Extracts from the Notifications of Government , General Department No.
322 dated the 19th October 1921 published at page 800 of the Supplement to the Bombay
Government Gazette for 1921 is reproduced, as amended from time to time, for
information :
In exercise of the powers conferred by Section 91 of the Indian Lunacy Act 1992
(IV of 1912) and in supression of the Notifications noted below the government of
Bombay rare pleased to make the following rules for the administration of the Act in the
State of Bombay.
General Department Notification , dated the 18th May 1864 General Department
Notification No. 3881 . dated the 23rd December 1887 General Department Notification
No. 4997 A dated the 11th September 1890 General Department Notification No. 4258
dated the 8th December 1891 Notification No. 1495 dated the 19th March 1909.
1. General Establishment of Mental Hospitals : Mental Hospitals have
been established by the State Government under Section 84 of the Act at the following
stations in the State of Maharashtra for the reception and treatment of persons of any