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State of Assam - Section

Section 81 in Assam Prisons Act, 2013

81. Transfer to mental hospital of inmates of unsound mind committed to prison under section 330 or section 335 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

- The State Government and subject to its general direction and control the Inspector General, may by order, direct, -
(a)a person accused of an offence, who is found to be of unsound mind and consequently incapable of making his defence and is committed to prison under sub-section (2) of section 330 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for safe custody without any specific orders for his removal to asylum, or
(b)a person acquitted of an offence on grounds of unsoundness of mind, who is committed to prison under section 335 of the said Code of Criminal Procedure, 1973 (Central Act 2 of 1974), for safe custody without any specific orders for his removal to asylum,
to be transferred from a prison to a mental hospital in the State or in any other State or Union Territory, and upon such transfer such person shall be dealt with in accordance with the provisions of sections 337, 338, and 339 of the said Code of Criminal Procedure, 1973 (Central Act 2 of 1974):Provided that no order directing a person to be transferred to a mental hospital in any other State or Union Territory shall be made under this section except by the State Government and except with the consent of the Government of such other State or Union Territory.