Section 338 in The Code of Criminal Procedure, 1973
338. Procedure where lunatic detained is declared fit to be released.
(1) If such person ... detained under the provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certify that
punishable under section 161 or section 165 or section 165A of the Indian Penal Code or Sub-section (2) of Section 5 of the Prevention ... Code of Criminal Procedure cannto be invoked in the case of an order made either under section 337 or section 338 of the Code
District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, (2 of 1974); (28) "domestic building" includes ... divisional Magistrate referred to in sub-section (4) of section 20 of the Code of Criminal Procedure, 1973, (2 of 1974); (101) "trade effluent" means
tile Criminal Procedure Code . Though section 337 is the
relevant section, nevertheless, it is necessary to refer to
section 338 also. These two sections occurring ... provisions of the
Criminal Law (Amendment) Act, 1952 and the scheme of'
section 337 of the Criminal Procedure Code, this, Court held
that
Criminal Procedure Code in the presence of the accused. The accused were further examined under Section 342 of the Code of Criminal Procedure ... second contention is also devoid of substance. By Section 338 , Criminal Procedure Code power is no doubt given after the commitment to the court
State Government the action taken under Sub-section (1). Section 336 of Criminal Procedure Code gives power to the State Government to empower the Officer ... perform and discharge the functions
under Sections 337 and 338 of Criminal Procedure Code for further necessary
action in the matter. The said authorities
dealing with this contention, their Lordships observed:
"By Section 338 , Criminal Procedure Code, power is no doubt given after the commitment to the Court ... proviso to Section 337 and not by Section 338 of the Criminal Procedure Code.
In that case the Magistrate had committed the accused
Procedure Code , 1973 (1973 Code) is similar to Section 337 (1) of the
1898 Code, and Section 306(3)(a) of the 1973 Code ... including therein the offence under Section 201 IPC.
The offence under Section 471 IPC is punishable under Section 465 IPC with
imprisonment of either description
October, 2013.
- - - - -
ORDER
These applications filed under Sections 439 and 482
of the Code of Criminal Procedure seek release of the
petitioners from custody ... provision under the 1898 Code, namely, Section 337, and the
corresponding provision in the 1923 Code, namely Section
306(4)(b) Cr.P.C., stipulate
offences under Section 120B read with 420, Section
420 IPC and Section 13(2) read with Section ... under Section 197 of the Code and held
as follows:-
“The reported decisions on the application of sec. 197 of the
Criminal Procedure Code
