339
339
Delivery of lunatic to care of relative or friend
Code of Criminal Procedure, 1973
Chapter XXV Provisions as to Accused Persons of Unsound Mind
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsMental HealthCaregivingLegal Custody
🗣️ Simple Explanation
What does this law say?
Section 339 of the CrPC allows the State Government to give a mentally unwell person into the care of a relative or friend. The relative or friend must promise to take care of the person.
Why does this law exist?
This law allows for the care of mentally unwell individuals within a supportive environment. It balances their well-being with public safety.
Real-life impact
If a relative wants to care for a person, they can apply to the government. They must promise to look after the person and bring them to court if needed.
What happens if you break this law?
This section doesn't describe breaking a law. It outlines the process for a relative or friend to take care of a mentally unwell person.
💡 Real Life Example
Sneha's brother, Amit, is mentally unwell and in custody. Sneha wants to care for him. Under this section, she can apply to the government. She must promise to look after Amit. Legal consequence: Amit can be released into Sneha's care, with conditions.
🛡️ KNOW YOUR RIGHTS
- •Apply to care for a mentally unwell relative or friend.
- •Understand the responsibilities of caring for someone.
- •Seek legal advice on your obligations.
❓ FREQUENTLY ASKED QUESTIONS
Section 339 of the CrPC allows a relative or friend to take care of a mentally unwell person. The State Government can hand over the person to their care. The relative or friend must promise to look after the person and produce them in court if required.
The relative or friend must ensure the person is properly cared for, prevent them from harming themselves or others, and produce them for inspection or in court when required by the State Government.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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