Section 339 CrPC: Delivery of lunatic to care of relative or friend

Code of Criminal Procedure, 1973

Section 339 CrPC at a Glance

Section 339 CrPC deals with delivery of lunatic to care of relative or friend. From 1 July 2024 it is replaced by Section 378 BNSS.

Now BNSS

Section 378 →

What Section 339 CrPC Says

339. Delivery of lunatic to care of relative or friend
(1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;
(c) in the case of a person detained under sub-section (2) of section 330, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting officer shall be receivable as evidence.

Source: Section 339, Code of Criminal Procedure, 1973

Section 339 CrPC in Simple Words

Section 339 of the Code of Criminal Procedure, 1973 deals with a relative or friend of a person detained under Section 330 CrPC or Section 335 CrPC who desires that he shall be delivered to his care and custody.

The State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.

If the person so delivered is accused of an offence and is certified capable of making his defence, the relative or friend shall produce him before the Magistrate or Court, which shall proceed in accordance with the provisions of Section 332 CrPC.

When Section 339 CrPC Applies

Under Section 339(1) CrPC, the section applies whenever any relative or friend of any person detained under the provisions of Section 330 CrPC or Section 335 CrPC desires that he shall be delivered to his care and custody.
Under Section 339(1) CrPC, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.
Under Section 339(1)(a) CrPC and Section 339(1)(b) CrPC, the security is that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
Under Section 339(1)(c) CrPC, in the case of a person detained under Section 330(2) CrPC, the security is that he shall be produced when required before such Magistrate or Court.
Under Section 339(2) CrPC, if the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him, and shall proceed in accordance with the provisions of Section 332 CrPC.

Example of Section 339 CrPC

Geeta is a relative of Sunil, who is detained under Section 335 of the Code of Criminal Procedure, 1973. Geeta desires that Sunil shall be delivered to her care and custody and applies to the State Government, giving security to the satisfaction of the State Government that Sunil shall be properly taken care of and prevented from doing injury to himself or to any other person. If Sunil is accused of an offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer certifies to the Magistrate that Sunil is capable of making his defence, the Magistrate shall call upon Geeta to produce Sunil, and shall proceed in accordance with the provisions of Section 332 CrPC.

When Section 339 CrPC Does Not Apply

Section 339 CrPC speaks of delivery to the care and custody of a relative or friend. It does not deal with the procedure where a person detained is declared fit to be released, which is the subject of Section 338 CrPC.
Section 339 CrPC speaks of a person detained under Section 330 CrPC or Section 335 CrPC. It does not deal with a prisoner reported capable of making his defence, which is the subject of Section 337 CrPC.

Section 339 CrPC Under BNSS 378: What Changed

Section 339 CrPC is now covered under Section 378 BNSS.

Section 339 of the Code of Criminal Procedure, 1973 is found in Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 378 BNSS reads person of unsound mind where the heading of Section 339 CrPC read lunatic. Section 378 BNSS refers to Section 369 BNSS, Section 374 BNSS and Section 371 BNSS where Section 339 CrPC referred to Section 330 CrPC, Section 335 CrPC and Section 332 CrPC. The rest of the text is the same.

View detailed comparison (CrPC 339 vs BNSS 378) →

FAQs on Section 339 CrPC

Who may apply for delivery of a detained person under Section 339(1) CrPC?▼

Under Section 339(1) of the Code of Criminal Procedure, 1973, any relative or friend of any person detained under the provisions of Section 330 CrPC or Section 335 CrPC may apply, if he desires that the person shall be delivered to his care and custody. The State Government may act upon the application of such relative or friend and on his giving security to the satisfaction of such State Government.

What security must be given under Section 339(1) CrPC?▼

Under Section 339(1) of the Code of Criminal Procedure, 1973, the security is that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct. In the case of a person detained under Section 330(2) CrPC, the security is also that he shall be produced when required before such Magistrate or Court.

What happens under Section 339(2) CrPC if the person delivered is certified capable of making his defence?▼

Under Section 339(2) of the Code of Criminal Procedure, 1973, if the inspecting officer certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him. Upon such production the Magistrate or Court shall proceed in accordance with the provisions of Section 332 CrPC, and the certificate of the inspecting officer shall be receivable as evidence.

Where is Section 339 CrPC found in BNSS from 1 July 2024?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 339 CrPC is found in Section 378 BNSS. Section 339(1) CrPC is found in Section 378(1) BNSS and Section 339(2) CrPC is found in Section 378(2) BNSS.

Have questions about Section 339 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·