section 30
Lunatic prisoners how to be dealt with
The Jammu and Kashmir Prisoners Act, 1920Criminal197726 sections
Statutory text
- (1) Where it appears to 3[the Government] that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, 3[the Government] may, by a warrant setting fourth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the State, there to be kept and treated as 1[the Government] directs during the remainder of the term for which he has been orderd or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.
- (2) Where it appears to 1[the Government] that the prisoner has become of sound mind, 1[the Government] shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within the province, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged.
- (3) The provisions of section 31 of Lunacy Act, shall apply to every person confined in a lunatic asylum under sub-section
- (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned ; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall be reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo. [Omitted]
31 Omitted
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