Procedure in case of person of unsound mind tried before Court
Section 329 of the Code of Criminal Procedure, 1973 deals with procedure in case of person of unsound mind tried before Court. 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, an The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
1 Ins. by Act 43 of 1983, s.4.
Section 329, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 368 Procedure in case of person of unsound mind tried before Court Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Prakash Nayi @ Sen vs The State of Goa Home Department Secretary
Court's Decision & Legal Precedent
When an accused raises a plea of insanity under Section 84 of the Indian Penal Code, the test to be applied is legal insanity, not medical insanity. Legal insanity requires incapacity to know the nature of the act or that it is wrong or contrary to law. The burden on the accused is to establish this on preponderance of probabilities, not beyond reasonable doubt. The crucial point of time is the moment of commission of the offense. Evidence of conduct before, during, and after the offense, combined with medical evidence of mental disorder, is relevant in determining legal insanity. If credible medical evidence establishes mental disorder at the time of the offense, and the accused subsequently becomes fit to stand trial, this is indicative of prior insanity. The trial court and appellate court must apply a preponderance of probabilities standard and not reject the insanity defense merely because the nature of the act appears intentional or because some witnesses did not observe abnormality.
On this section: Application for examination of accused's fitness to stand trial. Referenced as the provision under which the appellant's application was filed before the trial court.
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Hamid @ Kaliya vs State
Court's Decision & Legal Precedent
When a trial is postponed under Section 329 CrPC on the ground of incapacity of the accused to make his defence due to unsound mind, and is subsequently resumed under Section 331 CrPC, the trial must commence de novo and not continue from the point of postponement. Furthermore, resumption of such trial without recording medical evidence establishing that the accused has ceased to be of unsound mind and is now capable of making his defence will vitiate the entire trial. Additionally, the mental unsoundness of one co-accused during trial, which affects the recording of evidence and the entire complexion of the case, will vitiate the trial of other co-accused as well.
On this section: Procedure in case of person of unsound mind tried before Court - Trial judge invoked this section to postpone proceedings when Hamid @ Kaliya was found to have paranoid schizophrenia
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Pinku Singh vs The State of Bihar
Court's Decision & Legal Precedent
An accused charged with serious offences including murder may be granted bail under Section 330 Cr.P.C. when the accused is suffering from mental illness rendering him unfit to stand trial, provided that: (1) the accused has been in prolonged judicial custody without trial progress due to mental unfitness; (2) the trial court has assessed and confirmed the mental unfitness; (3) appropriate conditions are imposed including family undertakings for medical treatment, regular progress reports, and undertaking to produce the accused upon recovery for trial continuation; and (4) the bail conditions are designed to ensure both the accused's rehabilitation and eventual trial fairness.
On this section: Referenced as part of provisions applicable to mentally ill persons in criminal procedure
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… a written application was filed either before the jurisdictional Magistrate Court concerned before committal, or before the 3 rd Additional Assistant Sessions Court, Kozhikode, after the committal proceedings. Sec.329 which is appended under Chapter XXV of the Code of Criminal Procedure reads as follows: "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 …
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… The prosecution has not to establish these facts." (16) So far as the validity of trial conducted by the trial court is concerned, provisions of Sections 329 to 339 of the Code of Criminal Procedure may be considered. According to the provisions contained under Section 329 of the Code of Criminal Procedure if it is found that an accused is suffering from insanity or he is of unsound mind then the trial will be stopped and he/she would be referred to the psychiatrist and unless a report is received by the Magistrate or the Court that the accused is suffering from any unsoundness of …
Questions about Section 329
What have the courts held on Section 329 of the Code of Criminal Procedure?
Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023) is the leading judgment on this section among those set out below: Application for examination of accused's fitness to stand trial. Referenced as the provision under which the appellant's application was filed before the trial court. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2006 to 2023.
How do I find court cases under Section 329 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 329, section 329 CRPC, section 329 of the Code of Criminal Procedure. People searching for it also type crpc 329 4 and crpc 329 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023).
What should I read with Section 329 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 368 (Procedure in case of person of unsound mind tried before Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 329 of the Code of Criminal Procedure come into force?
Section 329 of the Code of Criminal Procedure, cited as CRPC 329, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.