Vidhi Codex

section 30

Lunatic inmates how to be dealt with

The Madhya Pradesh Borstal Act, 1928
General192834 sections
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Statutory text
  1. (1) Where it appears to the State Government that any person detained under any order is of unsound mind, the State Government may order his removal to an asylum or other place of safe custody within the State, there to be kept and treated as the State Government directs, during the remainder of the term for which he has been ordered to be detained, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the inmate or others that he should be further detained under medical care or treatment, then until he is discharged according to law.
  2. (2) Where it appears to the State Government that an inmate so kept and treated has become of sound mind, the State Government shall, by a warrant directed to the person having charge of the inmate, if still liable to be detained, remand him to the Borstal Institution from which he was removed or to another Borstal Institution within the State, or if he is no longer liable to be detained, order him to be discharged.]1
  3. (3) The provisions of section 31 of the Indian Lunacy Act, 1912 (V of 1912), shall apply to every person confined in an asylum under sub-section
  4. (1) after the expiration of the term for which he was ordered to be detained; and the time during which an inmate is confined in an asylum under that sub-section shall be reckoned as part of the term of detention which he may have been ordered to undergo.
  5. (4) In any case in which the State Government is competent under sub-section
  6. (1) to order the removal of an inmate to an asylum or other place of safe custody within the [State],2 the State Government may order the removal to any such asylum or place within any other [State]2 [ * * * ]3 by agreement with the State Government of such other [State]2 [ * * * ]4 and the provisions of this section respecting the custody, detention, remand and discharge of an inmate removed under sub-section
  7. (1) shall, so far as they can be made applicable, apply to an inmate removed under this sub-section.

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