Section 318

If the medical officer of a prison or the medical superintendent and two visitors of a mental hospital in which a person is confined under section 310 or 315 certify that that person in his or their judgment may be discharged without danger of his doing injury to himself or to any other person, the Minister may thereupon order him to be discharged or to be detained in custody or in prison or to be transferred to a mental hospital if he has not been already sent to a mental hospital, and, in case he orders him to be transferred to a mental hospital, may appoint a commission consisting of a Magistrate and two medical officers to make formal inquiry into the state of mind of that person, taking such evidence as is necessary, and to report to the Minister, who may order his discharge or detention as he thinks fit. [317