Law: Criminal Procedure Code (V of 1898)

Section: 466

(a) Criminal Procedure Code (V of 1898)--- ----S. 466---Release of lunatic pending investigation or trial---Principles---Accused who is of unsound mind and incapable of making his defence should be released on sufficient security under Section 466, Cr.P.C., as a rule while the order for detaining him in safe custody is to be made only as an exception when there is an apprehension that he would not be properly taken care of or prevented from doing injury to himself or any other person. A bare reading of Section 466, Cr.P.C., shows that in cases where the accused person is found to be of unsound mind and incapable of making his defence, the court has been conferred with special power to release him on sufficient security, notwithstanding whether the case is one in which bail may be taken or not. The sufficient security required is that of a person who binds himself (i) to properly take care of the accused, which includes his proper medical treatment, (ii) to prevent the accused from doing injury to himself or any other person, and (iii) to produce the accused when required before the court or before such officer as ordered by the court. If in the opinion of the court, bail should not be taken, i.e., the accused should not be released, or if the required sufficient security is not given, the court can order the accused to be detained in safe custody in such place and manner as it thinks fit. The primary course prescribed under Section 466, Cr.P.C. is to release the accused, who is of unsound mind and incapable of making his defence, on sufficient security while detaining him in safe custody secondary to the primary course. It, therefore, follows that the course of releasing such an accused on sufficient security must be adopted as a rule while the order for detaining him in safe custody is to be made only as an exception. Next comes the question: what may be the circumstances that can justify adopting the exceptional course of detaining the accused in safe custody? The answer to this question also lies within the provisions of Section 466, Cr.P.C. The noticeable point is that while conferring the discretion on the court, by using the word 'may', Section 466…

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