Report No. 26

Clause 39

This follows section 43(1) of the Provincial Act (compare section 41 of the Presidency Act). The former is adopted as being more complete1.

As to "period of discharge", see the provision proposed in the relevant clause which leaves it to the court2 to fix the period.

Omission of section 43(2) Provincial Act.-Section 43(2), Provincial Act, speaks of "re-commitment". This is omitted, as the matter is covered by another clause"3. The mention of that clause3 will cover section 41, last 11 words, read with section 23(2), Presidency Act, also.

6. The discussion in Mulla, (1958), p. 326, para. 351, apparently is made with reference to the Provincial Act as it stood before 1950.

2. See clauses 18 and 37.

3. Clause 32.