Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 158

Persons confined on ground of unsoundness of mind

158.
(1) When any person is confined under the provisions of the two preceding sections, the Commissioner of prisons if such person is confined in a prison, or the Visitors of the mental hospital, or any two of them if he is confined in a mental hospital, shall visit him once at least in every six months in order to ascertain his state of mind; and shall report thereon to the Minister.
(2) If such person is confined pending trial and the Commissioner or the Visitors, as the case may be, certify that such person is capable of making his defence, he shall be taken before the court which may proceed with the trial, and the certificate of such Commissioner or Visitors as aforesaid shall be receivable in evidence.
(3) If such person is confined after trial and the Commissioner or the Visitors, as the case may be, certify that such person may be discharged without danger of his doing injury to himself or to any other person, the Minister may order him to be discharged or be detained in custody or be transferred to a mental hospital. If the Minister orders the transfer to a mental hospital, he shall appoint a committee of inquiry consisting of a Magistrate and two medical officers to inquire into and report upon the state of mind of such person, and the Minister may thereupon order his discharge or detention as he thinks fit.
(4) Whenever any relative or friend of any person confined after trial requests that such person be delivered over to his care and custody, the Minister, if he is satisfied that such person will be properly taken care of and will be prevented from doing injury to himself or to any other person, may order such person to be delivered to such relative or friend. Whenever such person is so delivered it shall be upon condition that he shall be produced for the inspection of such officer and at such times as the Minister directs.


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