CrPC Section 329
Section 329 of the Code of Criminal Procedure (CrPC), 1973 deals with the procedure when a person of unsound mind is tried before a Magistrate or Court of Session. This provision is intended to ensure that an accused who is incapable of defending themselves due to mental illness is not subjected to trial unfairly.
🔹 Text of Section 329 CrPC (as per the 2023 version):
Section 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) If during trial, the accused is found to be of unsound mind and incapable of defending himself, the trial is postponed and the accused may be dealt with as per the provisions in Section 330 (detention and treatment of the accused).
(3) If the Magistrate or Court finds that the accused is not of unsound mind and capable of making a defense, the trial shall proceed.
🔹 Key Points:
Applicability: When a trial is ongoing and the court suspects or it appears that the accused is of unsound mind.
Purpose: To assess the mental condition of the accused and their ability to understand the proceedings or defend themselves.
Procedure:
A medical evaluation (often by a government psychiatrist) is conducted.
Based on the evidence, the court records a finding on whether the person is of unsound mind.
If unsoundness is confirmed:
The trial is postponed.
The matter may proceed under Section 330 CrPC, which involves care, custody, and treatment.
If found capable: The trial continues as normal.
🔹 Related Sections:
Section 328 CrPC: Deals with the situation where unsoundness of mind is suspected before the trial begins.
Section 330 CrPC: Explains what happens to the accused found incapable of making a defense (detention, release on bail, treatment, etc.).
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