Legal provisions regarding procedure where lunatic detained is declared fit to be released under section 338 of the Code of Criminal Procedure, 1973.
(1) If such person is detained under the provisions of Section 330(2) or Section 335, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not already been sent to such an asylum, and in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.
Image Source: resources.phrasemix.com
ADVERTISEMENTS:
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.