Section 339 CrPC: Delivery of Lunatic to Relative or Friend – Code of Criminal Procedure
1. State the code:
Section 339 of the Code of Criminal Procedure, 1973 (CrPC) deals with the delivery of a lunatic to their relative or friend.
2. Explain it:
This section outlines the procedure to be followed when a person found to be of unsound mind is apprehended under the CrPC. It states that if a person is found to be a lunatic and is apprehended under the CrPC, the Magistrate can, instead of sending them to jail, deliver them to a relative or friend who is willing and able to take care of them. The Magistrate must ensure that the relative or friend is suitable to care for the lunatic and is able to provide for their needs.
3. Illustrate it:
Imagine a person is found wandering on the streets, behaving erratically and exhibiting signs of mental illness. The police apprehend them and bring them before a Magistrate. Upon examination, the Magistrate determines that the person is indeed of unsound mind. Instead of sending them to jail, the Magistrate locates the person’s brother, who is willing and able to take care of them. The Magistrate then delivers the person into the brother’s custody.
4. Common questions and answers:
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Q: What is the purpose of this section?
A: The purpose is to provide a humane alternative to imprisonment for individuals suffering from mental illness. It allows for their care and support in a familiar environment with loved ones. -
Q: Who can deliver the lunatic to a relative or friend?
A: Only a Magistrate can deliver a lunatic to a relative or friend under Section 339. -
Q: What criteria must be met by the relative or friend?
A: The relative or friend must be willing and able to care for the lunatic and provide for their needs. The Magistrate must be satisfied with their suitability.
