Amendment status not verified — confirm the current text below against the official source.
(1) Where it appears to the Government that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the Government may by a warrant setting forth 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 the Government direct during the remainder of the term for which he has been ordered 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 the Government, that the prisoner has become of sound mind, 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 State, or if the prisoner is no longer liable to be kept in custody, order him to be discharged. (3) The time during which a prisoner is confined in a Lunatic Asylum under sub-section (1) 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. (4) In any case in which the Government is competent under sub-section (1) to order the removal of a prisoner to a Lunatic Asylum or other place of safe custody within the State, the Government may order his removal to any such asylum or place within any State or Territory specified in the First Schedule to the Constitution of India by agreement with the Government of the State or Territory concerned and the provisions of this Sec- tion respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1) shall, so far as they can be made applicable, apply to a prisoner removed under this sub-section.