The
Code of Criminal Procedure, 1973
CHAPTER XXV
: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
328. Procedure in case of accused being lunatic
(1) When a Magistrate holding an inquiry has reason to believe that
the person against whom the inquiry is being held is of unsound mind
and consequently incapable of making his defence, the Magistrate shall
inquire into the fact of such unsoundness of mind, and shall cause such
person to be examined by the civil surgeon of the district or such other
medical officer as the State Government may direct, and thereupon shall
examine such surgeon or other officer as a witness, and shall reduce
the examination to writing.
(2) Pending such examination and inquiry, the Magistrate may deal with
such person in accordance with the provisions of section 330.
(3) If such Magistrate is of opinion that the person referred to in
sub-section (1) is of unsound mind and consequently incapable of making
his defence, he shall record a finding to that effect and shall postpone
further proceedings in the case.
329. Procedure in case of person of unsound mind tried before Court
(1) If at the trial of any person before a Magistrate or Court of Session,
it appears to the Magistrate or Court that such person is of unsound
mind and consequently incapable of making his defence, the Magistrate
or Court shall, in the first instance, try the fact of such unsoundness
and incapacity, and if the Magistrate or Court, after considering such
medical and other evidence as may be produced before him or it, is satisfied
of the fact, he or it shall record a finding to that effect and shall
postpone further proceedings in the case.
(2) The trial of the fact of the unsoundness of mind and incapacity
of the accused shall be deemed to be part of his trial before the Magistrate
or Court.
330. Release of lunatic pending investigation or trial
(1) Whenever a person is found, under section 328 or section 329, to
be of unsound mind and incapable of making his defence, the Magistrate
or Court, as the case may be, whether the case is one in which bail may
be taken or not, may release him on sufficient security being given that
he shall be properly taken care of and shall be prevented from doing
injury to himself or to any other person, and for his appearance when
required before the Magistrate or Court or such officer as the Magistrate
or Court appoints in this behalf.
(2) If the case is one in which, in the opinion of the Magistrate or
Court, bail should not be taken, or if sufficient security is not given,
the Magistrate or Court, as the case may be, shall order the accused
to be detained in safe custody in such place and manner as he or it may
think fit, and shall report the action taken to the State Government:
Provided that no order for the detention of the accused in a lunatic
asylum shall be made otherwise than in accordance with such rules as
the State Government may have made under the Indian Lunacy Act, 1912
(4 of 1912).
331. Resumption of inquiry or trial
(1) Whenever an inquiry or a trial is postponed under section 328 or
section 329, the Magistrate or Court, as the case may be, may at any
time after the person concerned has ceased to be of unsound mind, resume
the inquiry or trial, and require the accused to appear or be brought
before such Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties
for his appearance produce him to the officer whom the Magistrate or
Court appoints in this behalf, the certificate of such officer that the
accused is capable of making his defence shall be receivable in evidence.
332. Procedure on accused appearing before Magistrate or Court
(1) If, when the accused appears or is again brought before the Magistrate
or Court, as the case may be, the Magistrate or Court considers him capable
of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable
of making his defence, the Magistrate or Court shall act according to
the provisions of section 328 or section 329, as the case may be, and
if the accused is found to be of unsound mind and consequently incapable
of making his defence, shall deal with such accused in accordance with
the provisions of section 330.
333. When accused appears to have been of sound mind
When the accused appears to be of sound mind at the time of inquiry
or trial, and the Magistrate is satisfied from the evidence given before
him that there is reason to believe that the accused committed an act,
which, if he had been of sound mind, would have been an offence, and
that he was, at the time when the act was committed, by reason of unsoundness
of mind, incapable of knowing the nature of the act or that it was wrong
or contrary to law, the Magistrate shall proceed with the case, and,
if the accused ought to be tried by the Court of Session, commit him
for trial before the Court of Session.
334. Judgment of acquittal on ground of unsoundness of mind
Whenever any person is acquitted upon the ground that, at the time at
which he is alleged to have committed an offence, he was, by reason of
unsoundness of mind, incapable of knowing the nature of the act alleged
as constituting the offence, or that it was wrong or contrary to law,
the finding shall state specifically whether he committed the act or
not.
335. Person acquitted on such ground to be detained in safe custody
(1) Whenever the finding states that the accused person committed the
act alleged, the Magistrate or Court before whom or which the trial has
been held, shall, if such act would, but for the incapacity found, have
constituted an offence,-
(a) order such person to be detained in safe custody in such place
and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of
such person.
(2) No order for the detention of the accused in a lunatic asylum shall
be made under clause (a) of sub-section (1) otherwise than in accordance
with such rules as the State Government may have made under the Indian
Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend
shall be made under clause (b) of sub-section (1), except upon the application
of such relative or friend and on his giving security to the satisfaction
of the Magistrate or Court 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.
(4) The Magistrate or Court shall report to the State Government the
action taken under sub-section (1).
336. Power of State Government to empower officer in charge to discharge
The State Government may empower the officer in charge of the jail in
which a person is confined under the provisions of section 330 or section
335 to discharge all or any of the functions of the Inspector-General
of Prisons under section 337 or section 338.
337. Procedure where lunatic prisoner is reported capable of making his
defence
If such person is detained under the provisions of sub-section (2) of
section 330, and in the case of a person detained in a jail, the Inspector-General
of Prisons, or, in the case of a person detained in a lunatic asylum,
the visitors of such asylum or any two of them shall certify that, in
his or their opinion, such person is capable of making his defence, he
shall be taken before the Magistrate or Court, as the case may be, at
such time as the Magistrate or Court appoints, and the Magistrate or
Court shall deal with such person under the provisions of section 332;
and the certificate of such Inspector-General or visitors as aforesaid
shall be receivable as evidence.
338. Procedure where lunatic detained is declared fit to be released
(1) If such person is detained under the provisions of sub-section
(2) of section 330, or section 335, and such Inspector-General or visitors
shall certify that, in his or their judgment, he may be released without
danger of his doing injury to himself or to any other person, the State
Government may thereupon order him to be released, or to be detained
in custody, or to be transferred to a public lunatic asylum if he has
not been already sent to such an asylum; and, in case it orders him to
be transferred to an asylum, may appoint a Commission, consisting of
a judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind
of such person, take such evidence as is necessary, and shall report
to the State Government, which may order his release or detention as
it thinks fit.
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.
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