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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XXXIV


Delivery of lunatic to care of relative or friend
475.(1) Whenever any relative or friend of any person detained under the provisions of section 466 or section 471 desires that he shall be delivered to his care and custody, the Government may, upon the application of such relative or friend and on his giving security to the satisfaction of 1[the Government] that the person delivered shall-
(a) be properly taken care of and prevented from doing injury to himself or to any other person, and
(b) be produced for the inspection of such officer, and at such times and places as the Government may direct, and
(c) in the case of a person detained under section 466, be produced when required before such Magistrate or Court,
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in sub-section (1), clause (b), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468, and the certificate of the inspecting officer shall be receivable as evidence.

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